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Patna High CourtCWJC/969/2019disposed

Saidar Ansari, v. The Union Of India

2020-01-07The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.969 of 2019 ====================================================== Saidar Ansari, Son of Babujan Ansari, resident of Village and Post- Punaura, P.S.- Sitamarhi, District- Sitamarhi.

... ... Petitioner

Versus

1.

The Union Of India through the Secretary, Rural Development Ministry, Government of India, New Delhi.

2.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 3.

The Secretary, Rural Works Department, Govt. of Bihar, Patna. 4.

The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna. 5.

The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna. 6.

The Superintending Engineer, Work Circle Sitamarhi, Rural Works Department, District- Sitamarhi.

7.

The Executive Engineer, Work Division Pupri, Rural Works Department, Pupri, District- Sitamarhi.

8.

The Assistant Engineer, Rural Works Department, Work Sub-Division, Pupri, District- Sitamarhi.

9.

Shri Umashankar Singh, Son of Shri Chhatthulal Singh, Resident of VillageNarayan Nagar, P.O.- Gurukul Mahiyan, P.S. Chhapra Muffasil, DistrictChhapara. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Kumar, Adv.

For the Respondents :

Mr. P.N.Shahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 10.01.2019 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 reliefs:

Patna High Court CWJC No.969 of 2019(2) dt.07-01-2020 2/3 "(i) For issuance of an order, direction or writ in the nature of mandamus directing the respondent authorities to construct the Road under Pradhan Mantri Gram Sarak Yojna (for short the PMGSY) Path Package No. BR-33R-445, L096 Barari Bhitha to Boura North-West Tola (VR-63) Forthwith which has been sanctioned by the Central Government in the financial year 2014-15.

(ii) For directing the respondent authorities to revise the estimate of the aforesaid sanctioned road, if any, forthwith and construct the aforesaid road within reasonable time."

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,

Patna High Court CWJC No.969 of 2019(2) dt.07-01-2020 3/3 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) Rajeev Kumar/- U