Md. Alamgir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22176 of 2018 ====================================================== Md. Alamgir, S/o Md. Nasiruddin Biswas, resident of Village-Basantpur, P.S.- Amdabad, District-Katihar Chairman Mukhiya Sangh Amdabad Block, District - Katihar.

... ... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

3. The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna.

4. The Bihar State Bridge Construction Corporation Limited, Govt. of Bihar, Patna through its Chairman.

5. The Chairman, Bihar State Bridge Construction Corporation Limited Government of Bihar, Patna.

6. The Managing Director, Bihar State Bridge Construction Corporation Limited, Government of Bihar, Patna.

7. The Senior Project Engineer, Works Division, Katihar.

8. The Divisional Commissioner, Purnea Divison, Purnea.

9. The District Magistrate, Katihar.

10. The Deputy Development Commissioner, Katihar.

11. The Executive Engineer, Rural Works Department, Works Division, Manihari.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Mritunjay Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 07-01-2019 Perused the office note.

The defects pointed out are waived.

None appears on behalf of the petitioner.

Mr. Mritunjay Kumar, learned AC to AAG 6 is appearing on behalf of the State.

We have proceeded to consider the matter on its merit because in the nature of the prayer so made, we do not think it

2/4 necessary to await filing of the counter affidavit. The writ petition has been filed in public interest with the following reliefs:- "(I) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondents to construct a bridge and road over the river Ganges to connect South Karimullahpur Ward No. 1 and 2 situated within Amdabad Block with main Road N.H. 131A Hemchand High School, Kishanpur under the Gram Tola Sampark Nischay Scheme.

(ii) To direct the respondents to construct a road and bridge starting from Baluaghat village at Manihari Amdabad Road which passes through Basantpur Via Alinagar in Katihar District.

(iii) To direct the respondents to construct road and culvert (small bridge) starting from Manihari Amdabad Road Surapar More which passes through Kantakosh Domdhala via Amirabad Siz tola to Tej Narayanpur Station in the District of Katihar.

(iv) To construct a Road starting from Lal Bathani Ras Mohan Chowk to Sabzi tola Baidyanathpur Via Chharramari Main Road in the District of Katihar.

(v) To any other relief/s to which the petitioners is entitled in the facts and circumstances of the case."

3/4 The pleadings on record would show that some kind of representations have been filed before the public representatives by the petitioner but there is nothing on record which would show that for the purpose of construction of the roads in question and the road bridge over river Ganges to connect South Karimullahpur Ward No. 1 and 2 and Amdabad Block on the National Highway 131A in the District of Katihar, any kind of representation has been made before concerned authorities in the State Government.

Mr. Mritunjay Kumar, learned AC to AAG 6 informs that the appropriate authority to take a decision in this regard would be respondent no. 2 and respondent no. 4 in case a decision is taken on the request so made by the petitioner for construction of the bridge.

In our opinion, since the petitioner is yet to approach the appropriate authority in the State Government for espousing his grievance, we give him liberty to approach the State Government through respondent no. 2 by filing a representation and who shall consider the request of the petitioner and dispose it of in accordance with law either by himself or by referring the grievance to the appropriate authority in the State Government concerned.

4/4 Needless to add that should any representation be filed by the petitioner pursuant to the order passed, the appropriate authority concerned shall dispose of the same in accordance with law within six weeks of its filing. With the observations above, the writ petition is disposed of.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U