Satish Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10132 of 2024 ====================================================== Satish Kumar Sharma S/O Late Vinay Sharma, Village and Post- Saday Bigha, P.S.- Barahiya, District- Lakhisarai, and residing at present B-405, Murlidhar Vatika, IAS Colony, Rupaspur, Bailey Road, Patna- 803212, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief secretary, Government of Bihar, Patna800015. 2.

The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna- 800015.

3.

The District Magistrate, Lakhisarai District, Lakhisarai, Bihar- 811302. 4.

The Executive Officer, Municipal Council (Nagar Parishad), Lakhisarai, Bihar- 811302.

5.

Sri Ashutosh Anand Choudray, S/o Sri Ram Shanker Choudhary, presently posted as Executive Officer, Municipal Council (Nagar Parishad), Lakhisarai, Bihar- 811302.

6.

Pratap Seva Sankalp, NGO, Reg. No. S18632, Address at. and P.O. Govind Fulkahan, P.O. - Singar, P.S. Kanti, Muzaffarpur, Bihar- 843109. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sharma (In Person) For the State :

Mr. P.K. Shahi, Advocate General For Respondent No. 4 :

Mr. Atul Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-07-2024 The petitioner, who appeared in person, seeks interference in the contract awarded to the 6th respondent. The contract awarded to the 6th respondent is as per Annexure-P/1; a Notice Inviting Tender (NIT) issued as early as on 29.12.2021. The work alleged to have been entrusted with the 6th respondent based on Annexure-P/1 NIT is the regular cleaning of roads,

Patna High Court CWJC No.10132 of 2024 dt.18-07-2024 2/3 pathways and public places, lifting of garbage from secondary points and cleaning and disposal of silt from drains.

2. As alertly pointed out by the learned counsel for the respondents, the contract itself was awarded in the year 2021. The petitioner is said to have filed many representations which did not evoke any response. The petitioner also does not complain of the cleaning of the public premises in and around Lakhisarai to be not proper at this point of time or even make any assertion about as to whether the 6th respondent is still continuing with the work. The only compliant raised is also that the google map dated 14.06.2022 and a newspaper report dated 29.10.2022 reflects the pathetic state of cleaning in the district of Lakhisarai.

3. The petitioner, who appears in person, is said to be a resident of the locality. We are of the opinion that there is absolutely no reason to entertain the Public Interest Litigation against the work awarded. However, if the petitioner has any grievance with respect to cleaning of the public places not being carried on properly, he would be entitled to file a representation before the District Magistrate who will look into it. The District Magistrate would also verify whether the 6th respondent is still carrying on the cleaning work as awarded in Annexure-P/1 and

Patna High Court CWJC No.10132 of 2024 dt.18-07-2024 3/3 ensure that cleaning of the public premises is carried out seamlessly and without any complaint from the general public.

4. With the above directions, the writ petition is disposed of.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 20.07.2024 Transmission Date