Awadh Bihari Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23906 of 2018 ====================================================== Awadh Bihari Singh Son of Late Harihar Singh, Resident of Satyendra Nagar, P.o. P.s. and distt. Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.
2.
The Principal Secretary, urban Development Department, Government of Bihar, new Secretariat, Patna.
3.
The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Vishwasaraiya Bhawan 4.
The Under Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.
5.
The Engineer in Chief, Public Health Engineering Department, Govt. of Bihar Vishwasaraiya Bhawan, p 6.
The Superintending Engineer, Public Health Engineering Circle, Sasaram 7.
The District Magistrate, Aurangabad.
8.
The Executive Engineer, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhilesh Kumar Sinha For the Respondent/s :
Mr.P.N.Shahi -Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 11.12.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following relief: "(i) For issuance of writ/writs, order/orders,
Patna High Court CWJC No.23906 of 2018(2) dt.06-01-2020 2/3 direction/directions to the respondents authority for the implementation the one of the dream project of 7 Nishjay Yojna of the Hon'ble the Chief Minister, State of Bihar (in all over state of Bihar(Har Ghar Nal Ka Jal) which is govern by the Public Health Engineering Department, State of Bihar, Patna. (ii) For issuance of appropriate direction to the respondent authorities as to why this dream project of Hon'ble the Chief Minister is not functioning up till now and not providing pure water to the general public of State of Bihar under the same project.
It is also admitted that the several crore rupees has been spent in all district of Bihar and Jal Minar are constructed by the department but no water supply is provided by the respondent up till now due to their negligent attitude of the respondent authority (iii) For issuance of a direction to the respondent authorities to provide pure water under the said scheme in Aurangabad district in which this petitioner has taken all legal efforts the implement of the work and to constitute a special committee for enquiring of the matter and submitted detail report regarding Aurangabad district and other district of State of Bihar before this Hon'ble Court as to why this scheme is not functioning up till now."
After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be
Patna High Court CWJC No.23906 of 2018(2) dt.06-01-2020 3/3 making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U