Rangnath Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15899 of 2025 ====================================================== Rangnath Pathak, S/o Late Ramsinghasan Pathak, Resident of Village and PO Dariyapur Chainpur, PS- Naubatpur, District -Patna, Bihar, Pin code 801109. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary Gramin Vikash Vibhag, Patna, Bihar.
2.
Director, Gramin Vikash Vibhag, Rural Development Department, Main Secretariat Visheshwariya Bhawan, Bailey Road, P.S. Sachiwalay, Patna, Bihar.
3.
Chief Engineer, P.W.D. Department, Karpuri Thakur Sadan, Ashiyana Digha Road, P.S.- Rajeev Nagar, Patna, Bihar 800025. 4.
Rural S.P. (Superientendent of Police) Gandhi Maidan, P.S.- Gandhi Maidan, Patna (Rural S.P. Patna.) 5.
Circle Officer, (Naubatpur), P.S. -Naubatpur, Dist- Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Simran Singh, Adv.
Mr. A.P. Prabhakar, Adv.
For the State-Resp.
:
Mr. S.D. Yadav, (AAG-09) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-11-2025 The instant writ application has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief : - "1. That this writ application is being filed to direct the respondent no.2, 3 and 5, to stop and modify the map the illegal construction for favoring some person's crushing crudely the farmers of the field are village and ignoring the right of local natives, Previously the road reconstructing parve to Masauri road have sufficient Govt. land for construction construct, which is about 26 feet wide to 46 feet wide, previously the rural road was about to feet to 12 feet wide leaving sufficient
2/4 footstep/space/land area in the both side of the road which was beneficial to both side of farmers but by new map a partialisim has been adopted and in one side no space has been left and in other side favoring cast and approaches sufficient road land was left which is on healzhy to intre farmers."
2. Ms. Simran Singh, learned counsel for the petitioner and Mr. S.D. Yadav, learned AAG-09 for the Staterespondents, are present and they are heard.
3. At the outset, it is pointed out by learned AAG-09 for the State-respondents that the Additional Chief Secretary, PWD, Government of Bihar, Patna, is a necessary party in this matter but has not been made a party, therefore, he should be made a respondent.
4.
Considering the aforesaid submission, the petitioner's counsel is directed to make the Additional Chief Secretary, PWD, Government of Bihar, Patna, a party to this petition as respondent No. 6, in course of the day.
5. The main grievance raised by the petitioner in this writ petition is that the Government officials/authorities concerned of the Rural Development Department, Patna, Bihar and the PWD, Patna, Bihar, in collusion with other villagers are taking steps to construct a new road between Masaurhi to Parev, of which complete details has been given in the paragraph No. 3
3/4 of this petition instead of taking steps for construction upon the existing old road of that area, which has been used by the villagers of several villages for many years and the officials of the said departments are highly interested to benefit few villagers for their personal interest. For redressal of his grievance, the petitioner approached the District Magistrate, Patna, by way of Annexure-P/2, but no action has been taken so far and the existing old road, which connects 25 villages, is the sole way for the villagers and the same is being used by the villagers for last several years and in arbitrary manner, the officials of the PWD and Rural Development Department, Bihar, Patna, are encroaching upon the private lands to construct a new road.
6. During the course of argument, it is submitted by the petitioner's counsel that though other applications/ representations have been filed in the offices of respondent Nos. 2 & 3 but on the record, the copies of the same have not been filed by the petitioner. It is further submitted that at present time, the construction of the alleged road has not been started till date and the same has been stopped by the PWD, Bihar, Patna, upon the opposition raised by the villagers.
7. Considering the aforesaid issue raised by the
4/4 petitioner as well as having gone through the averments made in the petition, the petitioner's counsel is directed to file a fresh representation before the respondent Nos. 2, 3 & 6 with giving complete details with regard to the issue raised in this writ petition along with all the relevant materials and in this regard, three weeks' time from today is granted to him. Upon filing of the fresh representation, the respondent Nos. 2, 3 & 6 shall examine the issue raised by the petitioner at their own level through competent subordinate officials and take step to redress his issue as per the provision of law, within a period of six weeks from the date of receipt of such representation.
8. Accordingly, with the above direction, the instant writ petition stands disposed of.
(Shailendra Singh, J) annu/- U