Girish Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17918 of 2018 ======================================================

1. Girish Kumar Singh Son of Late Parshuram Singh Resident of K/157, Hanuman Nagar, Kankarbagh, P.S. - Kankarbagh, District - Patna.

2. Smt. Anjana Sinha Wife of Sanjeet Kumar Sinha Resident of 144, Yamuna Apartment, P.S. - Krishnapuri, District - Patna.

3. Smt. Malti Devi Wife of Late Rampravesh Singh Resident of Village - Sona Gopalpur, P.S. Gopalpur, District - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Patna.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Patna.

3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Patna.

4. The Chief Engineer, South Bihar (Mechanical) Division, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Patna.

5. The Executive Engineer, Patna City Road Division, Guljarbagh, Patna.

6. M/s Sanjay Construction (JV) Lohar Lane, Mushallahpur Hat, Mahendru, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar For the Respondent/s :

Mr.Sushil Kumar -Gp22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2019 Heard the parties.

Following relief has been sought for in paragraph 1 of the present application on behalf of the petitioners: "That the present writ application is being filed for a direction upon the respondents, not to construct road (SadikpurPabhera-Masaurdhi road (SH-01), from Sampatchk Bazar to Patna-Punpun Road (NH-83) via Badlachak Road having 6.80 k.m.) over the lands of the petitioners. The said construction is

Patna High Court CWJC No.17918 of 2018(2) dt.09-01-2019 2/2 being continuing over the lands of the petitioners, despite protest lodged by the petitioners before the concerned authority which has never been acquired by the State Government for the said purpose."

Considering the relief sought for in the application, the petitioners are directed to file a fresh representation before the respondent no. 5 (the Executive Engineer, Patna City Road Division, Guljarbagh, Patna) for redressal of their grievance within a period of 30 days from today.

The respondent no. 5 (the Executive Engineer, Patna City Road Division, Guljarbagh, Patna) is directed to consider the representation filed on behalf of the petitioners and pass an appropriate order in accordance with law within a period of three months from the date of filing of such representation. The respondent no. 5 may give an opportunity of hearing to the concerned parties before passing final order. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U