Prabhat Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15942 of 2022 ====================================================== Prabhat Kumar Singh Son of Gopal Singh, Resident of Village - Bihari, Ward No. 6, Police Station - Jamui, District Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Bihar, Patna. 3.

The Engineer-in-Chief, Rural Works Department, Bihar, Patna. 4.

The Commissioner, Munger.

5.

The Sub-Divisional Officer, Rural Works Department, Circle Munger. 6.

The Executive Engineer, Rural Works Department, Division - Jhajha, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Respondent/s :

Smt. Archana Meenakshee, GP 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-11-2022 Petitioner has prayed for the following relief(s):- "(i) For issuance of writ in the appropriate nature commanding and directing the Respondent authorities to grant completion certificate in favour of the petitioner who has performed his part of obligations as per the standard form of agreement dated 30.11.2017 entered in between the petitioner and Respondent Executive Engineer, Rural Work Department, Division Jhajha, Jamui and exonerate him from the liability of maintenance work of the aforesaid construction of road namely Bone Road Baratanr to Babudih under PMGSY Package No. BR-15R-355 in the district of Jamui.

Patna High Court CWJC No.15942 of 2022(2) dt.24-11-2022 2/3 (ii) For further direction to the Respondent authorities to hold that none construction of some portion of the same road is attributable to the Respondent who has not acquired the private raiyati land of the persons which situates along the Detail Project Report given by the Respondents nor they have facilitated during the course of construction from any hindrance.

(iii) For further direction to the Respondent authorities to declare that fault in none completion of the project on the private land is not on the petitioner but on the Respondents.

(iv) For further direction to the Respondent authorities to hold that maintenance liability is to start from the date of construction of work on and over the land provided by the Respondents.

(v) And for any other reliefs for which the petitioner is found to be entitled in the eye of law."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to the remedies provided under the Pradhan Mantri Gram Sadak Yojana (PMGSY).

Liberty, as prayed for, is granted.

We are hopeful that as and when any such process is initiated, the authority shall take a decision thereupon expeditiously and preferably within a period of two months thereafter.

Liberty reserved to the petitioner to take recourse to

Patna High Court CWJC No.15942 of 2022(2) dt.24-11-2022 3/3 further remedies, should the need so arise.

The instant petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/- U