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Patna High CourtCWJC/17713/2025disposed

Rice Mill Association Of Kudra (Kaimur) Through Its Secretary Namely Vijay Kumar v. The Union Of India Through The Ministry Of Railway

2026-07-17The Acting Chief Justice,Mr. Justice Rajesh Kumar Verma6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17713 of 2025 ====================================================== 1.

Rice Mill Association of Kudra (Kaimur) through its Secretary namely Vijay Kumar Son of Babu Lal Shah, Resident of Village-Lalapur, Police StationKudra, District- Kaimur at Bhabua. 2.

Rajesh Kumar, Son of Radheey Shyam Singh, Resident of Village- Lalapur, Near Railway Crossing, Police Station- Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Railway, Government of India, New Delhi.

2.

The Railway Board, Indian Railway, New Delhi. 3.

The General Manager, East Central Railway, Hazipur (Bihar), Patna. 4.

The Divisional Railway Manager, Din Dayal Upadhyay, Mugalsarai, (U.P). 5.

The Senior Divisional Commercial Manager, East Central Railway, Din Dayal Upadhyay, Mugalsarai, (U.P).

6.

The Senior Divisional Engineer, East Central Railway, Din Dayal Upadhyay, Mugalsarai, (U.P).

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Union of India : Mr. Krishna Nandan Singh, ASGI Ms. Archana, CGC Mr. Shivaditya Dhari Sinha, Advocate Mr. Abhinav, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 17-07-2026 Heard learned counsel for the parties.

2. The petitioners have preferred the present writ application in the form of Public Interest Litigation for the following reliefs:- "(i) For issuance of appropriate order or direction upon the Respondent concerned to take all effective

2/6 steps for making repairing works of damaged R.O.B. (Railway Over Bridge) at LC-52 situated at Lalapur Under Block Kudra District- Kaimur at Bhabua (Bihar) which is stopped by way of erecting barrier prohibiting the entry of Trucks, Ambulance and heavy vehicles carrying goods and no alternative Road is available to connect Lalapur which is Centre/hub of rice millers in which about more than two hundreds rice mills are situated in which more that twenty five thousand workers of the locality are engaged and ekeing out their livelihood and due to communication problems all the rice mills are at verge of closer causing problem of livelihood regarding which petitioners represented their claim before Respondent Railway authorities who have admitted the grievance and viability repairing work of ROB and vide letter dated 04.07.

2025 issued by the Respondent No. 6 addressed to Respondent No.

3/6 date no further action has been taken causing inconvenience to the rice millers as well as dependent workers and even to the local peoples also.

(ii) For further direction upon the Respondent concerned to consider the alternative way of ingress and outgrace of general people to construct under pass beneath the Railway track at Lalapur Kudra so that workers and general farmers attached with rice mills may use the same for smooth movements at Lalapur, Kudra business centre.

(iii) Any other order/ orders, direction/directions, writ/writs which petitioner entitled to."

3. A second supplementary counter affidavit has been filed on behalf of the Respondent No. 6, wherein following statements have been made in paragraph Nos. 4 and 5 :- "4. That this 2nd supplementary counter affidavit is being filed in compliance of the order dated 0307-2026 passed by this Hon'ble Court as follows :- "As per the order dated 03.07.2026, the leaned

4/6 Senior counsel appearing for the ASGI submitted that seeks short adjournment to bring on record the keen steps being taken for repairing works of damaged R.O.B. (Railway Over Bridge) at LC-52, situated at Lalapur under Block-Kudra, District- Kaimur at Bhabhua, which is not opposed by learned counsel for the petitioners."

5. That in this connection, it is to humbly submitted that the following are the status of work of rehabilitation of repairing work of ROB BBU under subject sought vide letter under reference is as here :- SI N o.

Details of items Status 1.

Name of work Rehabilitation of work of ROB BBU between stations BHABHUA-MUTHANI, Km.

619/5-5A AND ROB/KTQ Station limit Km.-598/5-5A (BOW STRING GIRDER) GC section of Pt. Deen Dayal Upadhyaya (DDU) Division under Dy.CE/BRL/HJP 2.

Tender No. 07-XEN-BR-DDU-25-26

3. Status of LOA No.: 07-XEN-BR-DDU-2526/0099225018344, dated 25.05.2026 in favour of M/S Akash Enterprises-Allahabad, Tender

5/6 55/3A, Bhulai Ka Pura, Teliarganj, Allahabad - 211004, U.P.

4.

DOC 12 months from the date of issue of LOC 5.

Status of work

1. Drawing concerned with subject work has been finalized by design cell & competent authority of ECR/HQ team. At present approved drawing is under proof test at IIT/Guwahati and may be finalized within week.

2. Agency has been directed to procure the required material, Tool & Plants at site to start the work.

4. Having considered the statements made in the second supplementary counter affidavit, it appears that the respondent-Railways have brought on record the present status of the rehabilitation and repair work of the Railway Over Bridge, including the award of the work and progress made.

5. In view thereof, this Court is of the view that no further order is required to be passed in the present matter.

6. Accordingly, the present writ application stands disposed of.

7. It is however expected that the respondentRailways shall take all necessary steps to expedite the rehabilitation and repair work and ensure its completion at the

6/6 earliest.

8. Pending application (s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ) Ibrar//- ( Rajesh Kumar Verma, J) U