Rajendra Prasad Singh v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5278 of 2017 ======================================= Rajendra Prasad Singh Son of Late Kashi Nath Singh Resident of Village-Gaura, P.S.-Kochas, District-Rohtas at Sasaram ... ... Petitioner/s
Versus
1. The Union of India through Secretary, Road Transport Highway and Shipping, Parivahan Bhawan, 1, Parliament Street, New Delhi.
2. The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna
3. The Principal Secretary, Road Construction Department, Govt of Bihar, Patna.
4. Bihar State Road Development Corporation Limited through its Managing Director, Office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna
5. The Managing Director, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.
6. The Chairman, National HighWays Authority of India, G5 & 6, Sector-10, Dwarka, New Delhi-110075 ... ... Respondent/s ======================================= Appearance :
For the Petitioner/s :
Mr. Nandlal Kumar Singh, Adv For the Res. Nos. 1 & 6 :
Mr. S.D. Sanjay, A.S.G For the State of Bihar : Mr. Ashok Kumar Dubey, AC to AAG-11 ======================================= CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-09-2018
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for
Patna High Court CWJC No.5278 of 2017 dt.18-09-2018 2/3 appropriate writ/direction, directing the respondent authorities for construction/repair of N.H.-30 (Mohania to Ara) from K.M. 00 to K.M. 116.760.
2. A counter affidavit has been filed on behalf of respondent Nos. 1 and 6, affirmed by the General Manager (Tech) & Project Director in the Project Implementation Unit, Patna in the office of National Highway Authority of India who is working and conducting the project of N.H.-30 under the Ministry of Road Transport and Highways.
2.1 In the said counter affidavit, it has been stated as under:- "However, it is stated that earlier the project of repairing of the Mohania to Ara from Km. 00:00 to Km 116.760 on NH-30 was in the hands of Respondent no. 5 (Bihar State Road Development Corporation Limited). Now the said stretch of NH-30 has been handed over to the National Highway Authority of India (for short NHAI) by Gazette Notification w.e.f. 22nd June 2018 (Annexure-A). The Notice for Inviting Tender
Patna High Court CWJC No.5278 of 2017 dt.18-09-2018 3/3 (NIT) has been published on 26th July 2018.
Closing date for filing of Tender Documents is 10th September 2018. The date of opening of Technical Bid is 11th September 2018 and within four weeks thereafter Financial Bid will be finalized. Thereafter, Contract Agreement will be executed and six months time has been scheduled for completing the repairing work of the afore mentioned stretch of NH30."
3. In view of the above, we dispose of the present petition by directing the concerned respondents i.e. respondent Nos. 1 and 6 to see to it that the road in question is constructed/repaired at the earliest and as mentioned in the counter affidavit.
(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20/09/2018 Transmission Date