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Patna High CourtCWJC/1035/2023disposed

Nikhil Kumar v. The State Of Bihar

2023-09-19Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1035 of 2023 ====================================================== Nikhil Kumar son of Kailash Kumar Singh, resident of Keshawe Ward No. 6 Near Hanuman Mandir, Begusarai, P.S. Barauni, District-Begusarai, Bihar851134. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Begusarai.

4.

The Chairman, Indian Oil Corporation Limited, New Delhi. 5.

The D.G.M. Project, Indian Oil Corporation, Barauni Refinery, Begusarai. 6.

The D.G.M., H.R., Indian Oil Corporation, Barauni Refinery, Begusarai. 7.

The Director, Indian Oil Corporation, Barauni Refinery Division, Begusarai. 8.

The Executive Director, Indian Oil Corporation, Barauni Refinery Division, Begusarai.

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

For the Petitioner/s :

Mr.Shahabuddin Azeem @ S. Azeem, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh (GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2023 The present writ petition has been filed seeking the following relief:- "1. That the present writ petition has been preferred before this Hon'ble Court for issuance of writ, writs, order, orders, direction, directions, specially for issuance of writ of Mandamus directing the authorities of the Barauni Refinery under Indian Oil Corporation Limited situated at

2/4 District- Begusarai, the Director of Refinery is solely responsible to look into the work allotted to M/s Sushant Sonali Construction Pvt. Ltd. 2A Lane 3, R.K. Apartment, Ranchi, Jharkhand, Ranchi-834008 (In short construction company), Ranchi for construction of Cross Drains in Keshawe village to provide support to the villagers in order to avoid any water logging inside the village near BTP at Barauni Refinery with estimated cost of Rs.

4,45, 06,839.83 (Rupees Four Crores Forty Five Lacs Six Thousand Eight Hundred Thirty Nine and Eighty Three paisa) only and the said work has to be completed in 10 months from the date of site handover under the guidance of Engineer In-charge the DGM Project of Barauni Refinery, a unit of Indian Oil Corporation Limited but unfortunately the construction company failed to achieve satisfactory work due to the lack of proper material as well as substandard building materials were used without maintaining the prescribed standard in terms of Civil Engineering guidelines and also not maintain road level after constructing Cross Drainage in Keshawe village to

3/4 avoid any water logging inside the village near BTP at Barauni Refinery, Begusarai to hush-up the huge amount of more than Four Crores of Barauni Refinery Fund to provide support to the Keshawe village residents and provide convenience to avoid water logging in the area.

And further be pleased to direct the district authority the District Magistrate, Begusarai to examine the construction work taking help of the Executive Engineer, PWD, Road as well as PHED Engineer so that the huge amount of more than Four Crores be utilized effectively, properly, for which the scheme has been prepared by the Indian Oil Corporation through the Barauni Refinery situated at Barauni, Begusarai."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case

4/4 appropriate representation is filed before the appropriate authority, within a period of four weeks from today, the same shall be considered in accordance with law and appropriate decision shall be taken thereon within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U