Sarwjeet Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14674 of 2015 ===========================================================

1. Sarwjeet Kumar Singh Son of Late Jitendra Singh R/o Sonepur ( Sonapatti ) P.S. Sonepur, District - Saran ( Chapra ) .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Nagar Vikash Department, Patna

2. The District Magistrate, Saran Chapra

3. The D.D.C. Duda, Saran

4. The Sub-Divisional Officer, Sonpur Saran

5. The Executive officer Nagar Panchayat Sonpur Saran

6. The Executive Engineer Saran District Town Development Chapra

7. Arvind Kumar Singh, Contractor .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : SMT.NIVEDITA NIRVIKAR, GA-10 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) Date: 21-01-2016 The present application, in the nature of public interest litigation, has been filed seeking a direction, inter alia, for completion of the work of construction of road and drainage in Ward No. 17, Nagar Panchayat, Sonepur. It has been alleged that substantial amount, sanctioned for the project, has been defalcated by the concerned officials and without any valid reason, the respondents have not been able to complete the work.

A counter affidavit has been filed on behalf of the respondents-State of Bihar. Denying the allegations made in the writ application, it has been asserted that road has, in fact, been constructed under the supervision of the Executive Engineer and quality control tests have also been done. It has also been stated that when the construction of road was in progress, no objection was ever raised from any corner questioning the quality of the work. It has been further stated that in the estimate for construction of work, there was no provision made for construction of drainage, because of certain encroachments made over the land.

Considering the rival pleadings on record and submissions advanced on behalf of the parties, we close this proceeding with an observation that if the petitioner/public makes a representation, on behalf of the public of the area, within a period of two weeks from today, addressed to the District Magistrate, Hazipur, raising the grievances as have been raised in the present proceedings, the District Magistrate, Vaishali, shall, within a period of three weeks thereafter, do the needful in accordance with law by making an appropriate reasoned order and he shall take all possible measures to redress the grievances raised by the petitioner on behalf of the

public.

With the above observations and directions, this public interest litigation stands disposed of.

(I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) ArunKumar/- U