Mahmmad Mustafa @ Mahmmad Mustapha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15381 of 2023 ====================================================== Mahmmad Mustafa @ Mahmmad Mustapha Son of Late Shekh Amzad, Resident of Village Sandali, P.O. and P.S. Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

The Secretary, Nagar Vikash Department, Bihar, Patna. 3.

The District Magistrate, Gopalganj.

4.

The Chairman, Nagar Prishad, Barauli, District Gopalganj. 5.

The Executive Officer, Nagar Parishad, Barauli, District Gopalganj. 6.

The Junior Engineer, Nagar Parishad, Barauli, District Gopalganj. 7.

The Ward Member, Ward No. 23, Nagar Parishad, Barauli, District Gopalganj. 8.

The Chief Engineer, Nagar Parishad, Barauli, District Gopalganj. 9.

The Commissioner, Nagar Vikash Parishad, Barauli, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Kumar Manish, SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) 03-11-2023

1. Heard learned counsel for the State-respondents and perused the materials on record. No one appears on behalf of the petitioner.

2. The petitioner in a representative capacity has filed the instant public interest litigation for a direction to the authorities to provide amenities like road, water, health, education and electricity in workable condition to the residents of Ward no.23,

Patna High Court CWJC No.15381 of 2023(2) dt.03-11-2023 2/2 Nagar Parishad, Barauli in the District of Gopalganj.

3. From the contents of the writ application it transpires that the elected ward member of Ward no.23 have also taken up the matters raised by the petitioner in the instant application before the authorities by filing representations.

4. In the opinion of the Court, providing of amenities like road, water, hospitals, schools, electricity etc. are purely matters of policy decision to be taken by the Government and cannot be the matter of a public interest litigation to be decided by Courts.

5. In view of the above, the Court finds no merit in the instant application and the same is dismissed. (K. Vinod Chandran, CJ) ( Partha Sarthy, J) Bibhash U