Devbarat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12152 of 2023 ====================================================== Devbarat Kumar S/o Late Janardan Singh, Resident of Village and P.O.- Lanka Kachhuwara, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Rural Development Department, Patna.

2.

The District Magistrate, Patna.

3.

The Executive Engineer, Rural Work Department, Rural Commissioner, Masaurahi, Dist. - Patna.

4.

The Circle Officer, Sampatchak, Patna.

5.

Block Develop Department Officer, Sampatchak, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kameshwar Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 29-08-2023

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant application has been filed by the petitioner in the nature of a public interest litigation praying therein for directing the respondent authorities to take appropriate steps to construct a bridge under the PMGSY road from Sabalpur to Fahimchak in village Kachhuwara, to take steps with respect to construction of four small bridges and arrangement of water drainage around the road near Khata

Patna High Court CWJC No.12152 of 2023 dt.29-08-2023 2/3 no.33, Khesra no.997 in Thana no.132 on account of agriculturists being affected and for other reliefs.

3. It is the case of the petitioner that he is a social worker and has no personal interest in the subject matter of the writ application. It is further submitted that four bridges are required for drainage of water and in case the same are not constructed, water logging will create a number of problems.

4. On perusal of the material on record, it transpires that pursuant to a complaint filed by the petitioner on 27.4.2021, he received a reply dated 7.1.2022 from the District Public Grievance Redressal Officer, District Patna which is to the effect that bridges, construction of which is being prayed for by the petitioner, already had to be constructed by the contractor. As the contractor did not construct the same as per the agreement entered by him with the department, he has been debarred and blacklisted. As per the contents of the said reply, a fresh DPR (Detail Project Report) is being prepared for taking steps in the matter.

5. Having heard learned counsel for the parties and having perused the material on record, in the opinion of the Court, construction of bridge etc. is a matter of policy decision of the State and its authorities. Further, from the reply dated

Patna High Court CWJC No.12152 of 2023 dt.29-08-2023 3/3 7.1.2022 of the District Public Grievance Redressal Officer, Patna, brought on record as Annexure-1 to the application, it transpires that steps have already been taken by the respondents in the matter.

6. In view of the above, no order need be passed in the instant application and the same is dismissed. (K. Vinod Chandran, CJ) ( Partha Sarthy, J) Saurabh/- AFR/NAFR CAV DATE Uploading Date 31.08.2023 Transmission Date