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Patna High CourtCWJC/25654/2013disposed

Dineshwar Prasad Narain @ Dinesh Narain Singh v. The State Of Bihar And ORS

2018-12-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25654 of 2013 ====================================================== Dineshwar Prasad Narain Singh @ Dinesh Prasad Narain Singh, son of Late Nagendra Narain Singh resident of village- Madhuban, Police StationMadhuban, District- East Champaran at Motihari. ... ... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate- cum- Collector, East Champaran at Motihari.

3. The Land Reforms Deputy Collector, Pakridayal, East Champaran at Motihari.

4. The Additional Collector, East Champaran at Motihari.

5. The Chief Engineer, Local Area Engineering Organisation, 4th Floor,Vishwesharaiya Bhawan, Bailey Road, Patna

6. The Superintending Engineer, Local Area Engineering Organisation, Muzaffarpur Circle, Muzaffarpur.

7. The Executive Engineer, Local Area Engineering Organisation, Works Division No. 2, Pakridayal, East Champaran at Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ansul Mr. Javed Aslam, Advocates For the Respondents :

Mr. Sunil Kumar Mandal, SC 3 Mrs. Neelam Kumari, AC to SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-12-2018 The present writ petition has been filed for the following reliefs - "(A) A writ in the nature of certiorari or any other appropriate writ/s, order/s or direction/s for quashing the Advertisement no. 8 of 2012 in so far as it relates to item no. 20 in the Advertisement no. 8 of 2012 which relates to work of construction of P.C.C. Road from the house of Ajay Kedia to the house of Rajesh Jalan under Chief Minister's Area Development Plain for Madhuban Assembly constituency. (B) A writ in the nature of mandamus or any other appropriate writ/s, order/s or direction/s.

(i) To restrain the respondents from going ahead with the construction of PCC road as it passes the private land of the

Patna High Court CWJC No.25654 of 2013 dt.06-12-2018 2/2 petitioner appertaining to Khata no. 465, Khesra no. 1186, admeasuring an area of 2 (two) bigha, 10 (ten) katha, 11(eleven) dhurs.

© To grant any other relief or reliefs for which the petitioner is found entitled to."

2. Learned counsel for the petitioner submits that a representation (Annexure-5) has been filed for redressal of his grievances before the Executive Engineer, Local Area Engineering Organization, Works Division No. 2, Pakridayal, East Champaran at Motihari (respondent no. 7) which however remains pending.

3. Learned counsel for the respondents appears. However, no counter affidavit has been filed bringing the update status of the matter on record.

4. In the above view of the matter, this Court is of the view that the ends of justice will be met if the Executive Engineer, Local Area Engineering Organization, Works Division No. 2, Pakridayal, East Champaran at Motihari (respondent no. 7) is directed to consider and dispose of the representation (Annexure-5), if still pending, in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this judgment. BT/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 13.12.2018 Transmission Date N.A.