Tarkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2280 of 2020 ====================================================== Tarkeshwar Singh, aged about 59 years, Gender-Male, son of Baldeo Singh, Resident of village-Dahariya bigha, P.S. Bodhgaya, District-Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Urban development and housing Department, Government of Bihar, Patna.

2. The Principal Secretary Road Construction Department, Government of Bihar, Patna.

3. Executive Engineer Road Construction Department, Road Division No.1, Gaya.

4. District Magistrate, Gaya,

5. Circle Officer, Bodhgaya &

6. Executive Officer, Nagar Panchayat, Bodhgaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bibhuti Narayan For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner prays for following reliefs"- a) For giving a direction to make and enquiry in for not implementing the detail project report prepared for construction of P.C.C. Road from Saichen Monastry to Bihrla Dharamshala at Bodhgaya under Nagar Panchayat Bodhgaya for the year 201718, prepared on Estimated Cost of Rs.15,22,500/- and in place of the same another detail project report by changing the name of place and work has been prepared of estimated cost of Rs.677.60 lakhs for almost to same work and same to be going to the implemented by putting the state ex-chaquer a loss of Rs.6 Crore 60 Lakhs, which fulfill the purpose of

Patna High Court CWJC No.2280 of 2020(2) dt.03-02-2020 2/3 connectivity of the road near the Mahabodhi Temple Bodhgaya.

b) For giving a direction to implement the earlier DPR prepared on estimated cost of Rs.15,22,500/- for construction for P.C.C. Road from Sachin Monastry to Birla Dharamshala under Nagar Panchayat Bodhgaya for the year 2017-18 which fulfill the requirement of making connectivity around the Mahabodhi Temple for the benefit of pilgrims and tourist abroad.

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 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

Patna High Court CWJC No.2280 of 2020(2) dt.03-02-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) B.Kr./- ( Mohit Kumar Shah, J) U