Roshan Kumar Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 97 of 2018
1. Roshan Kumar Singh S/o Basant Kumar Singh, aged about 33 Years,
2. Nand Lal Singh, Advocate, S/o Late Arjun Singh aged about 47 Years,
3. Shyama Bai Wd/o Late Hemant Das aged about 45 Years,
4. Battu Ram Yadav S/o Late Purru Yadav aged about 100 Years,
5. Anup Singh S/o Nand Lal Singh aged about 21 Years,
6. Kamlesh Singh S/o Bharat Singh aged about 28 Years, All are residents of village Riwapar, PO Korabhat, PS Sheorinarayan, Block Pamgarh, District Janjgir-Champa (C.G.) ---- Petitioners
Versus
1. State of Chhattisgarh through the Secretary, Department of Panchayat And Rural Development, Ministry, Mahanandi Bhawan, Naya Raipur PO & PS Rakhi, District Raipur Chhattisgarh
2. The Director Directorate of Panchayat, Chhattisgarh, Raipur, District Raipur Chhattisgarh
3. Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Pamgarh, District Janjgir Champa Chhattisgarh
5. Chief Engineer Rural Engineering Service, Bilaspur District Bilaspur Chhattisgarh
6. Divisional Engineer Rural Engineering Services, Pamgarh Division, District Janjgir Champa Chhattisgarh
7. Gram Panchayat Khokhri Through Its Secretary, Gram Panchayat Khokhri, Janpad Panchayat Pamgarh, District Janjgir Champa Chhattisgarh ---- Respondents
_____________________________________________________________ For Petitioners :
Shri Sumit Singh, Advocate For Respondent-State :
Shri R. S. Baghel, Deputy Advocate General _____________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Parth Prateem Sahu, J.
26.07.2019 1.
The Petitioner has filed this writ petition styled as a Public Interest litigation seeking following reliefs :
"10.1 The Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus directing the respondent authorities to provide a motorable road from village Riwapar to State Highway No. 49 of the petitioners, who are permanent residents of village Riwapar, which is their basic amenity.
10.2 The Hon'ble Court may kindly be pleased to impose the cost of instant petition upon the respondents.
10.3 The Hon'ble Court may kindly be pleased to grant any other relief which this Court thinks fit & proper in favour of the Petitioners, in the interest of justice & equity."
2.
The grievance of the Petitioner is that since past 50 years, even after so much development all over the country, the village Riwapar has not been provided with a motorable road.
3.
On the notice issued to the State, they have submitted a reply to the writ petition and have pleaded that the process of construction of the 'WBM Road' has already been started. The Respondent State in support of their submission has placed on record the order of
acceptance and sanction of work of construction of 'WBM Road' from 'Rahod Turn to village Riwapar" dated 16.04.2019 (Annexure-A/3) and Notice Inviting Tender dated 02.07.2019 (Annexure-A/4). During course of argument, it has also been stated that the tender has already been issued for the purpose of construction of the road. A specific submission has been made by learned counsel for the RespondentState that the date of the completion of road has been mentioned as '31.10.2019' in the tender document. However, he made a submission that as the present is a rainy season and if there is heavy rainfall then under the period provided in the tender, entire construction of road may not be possible and in the said circumstance, he submits that even in either condition, the construction of road can be completed till 30.11.2019.
4.
In view of the above facts and figures available on record and submission made by learned counsel for State, we are satisfied that grievance of the Petitioner is now been taken care of by the State by awarding tender for construction of the 'WBM Road'. Nothing survives for further adjudication in this writ petition. 5.
The writ petition stands disposed off.
Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Hem