Umesh Das Akantak vs The State Of Bihar
2021 Latest Caselaw 3259 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.258 of 2020

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1. Umesh Das Akantak Son of late Devnandan Das, Resident of Village-

Shambhupur Koari, P.O. Asoi, P.S. Sarai, Anchal- Bhagwanpur, District- Vaishali.

2. Gajendra Singh, Son of late Indradeo Singh, Resident of Village-

Shambhupur Koari, P.O. Asoi, P.S. Sarai, Anchal- Bhagwanpur, District- Vaishali.

3. Shiv Chandra Mahto, Son of late Sirpal Mahto, Resident of Village-

Shambhupur Koari, P.O. Asoi, P.S. Sarai, Anchal- Bhagwanpur, District- Vaishali.

4. Satyanarain Das, Son of Sri Visheshwar Das, Resident of Village-

Shambhupur Koari, P.O. Asoi, P.S. Sarai, Anchal- Bhagwanpur, District- Vaishali.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

4. The District Collector, Vaishali, Hajipur, P.O. Hajipur, District- Vaishali.

5. The District Land Acquisition Officer, Vaishali at Hajipur, P.O. Hajipur, District- Vaishali.

6. The Deputy Collector, Land Revenue, Hajipur, District-Vaishali.

7. The Sub- Divisional Officer, Hajipur, Vaishali.

8. The Circle Officer, Bhagalpur, District- Vaishali.

9. The Executive Engineer, Rural Works Department, Works Division, Hajipur.

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

For the Petitioner/s : Mr.Ratna Deep Prasad, Advocate Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr.Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 12-07-2021 Patna High Court CWJC No.258 of 2020 dt.12-07-2021

Petitioner has prayed for the following relief(s):-

"A) For issuance of a writ in the nature of Mandaus or any other appropriate writ or writs, direction or directions commanding the Respondents particularly the Respondent No.2 to abide by the undertakings given before the Hon'ble Court in C.W.JC. No. 1104 of 2018 And, to complete the execution of Sampark Path Yojna No.01/07-08, initiated for construction of connecting road in Brahmsthani Tola of Shambhupur Koari Village, Anchal- Bhagwanpur, P.S.-Sarai, in the District of Vaishali.

B)Further for direction upon the Respondents to complete the said project in terms of earlier gazette plan to avoid delay as it is more suitable and more convenient as it involves less raiyati land without any protest.

C) For any other relief or reliefs as may be deemed fit and appropriate for the purpose.

The dispute emanates out of inter se rivalry between

two groups of the area who want the road under the Mukhya

Mantri Gramin Sampark Path Yojana to be constructed as per

their desire and convenience.

This Court cannot adjudicate the issue which is left

best to be considered by the administration, after accounting for

several factors, including the feasibility; convenience; purpose

and object for construction of the road. Patna High Court CWJC No.258 of 2020 dt.12-07-2021

We are aware that on previous occasion, this Court

had directed the State to complete the execution of the road,

commonly termed as Brahmsthani Tola of Shambhupur Koari

Village, Anchal- Bhagwanpur, P.S.- Sarai, District- Vaishali.

But, then the problem has arisen as the villagers, all of them are

not willing to donate their land for the construction of the road

in terms of order dated 14th of March, 2019 passed by this Court

in C.W.J.C. No. 1104 of 2018, titled as Umesh Das Anantak and

Ors. Vs. the State of Bihar & Ors.

From the affidavit filed by the State, it is apparent

that the road needs to be re-aligned for the reason that the land-

owners are objecting to the donation of the land.

As such, we cannot issue a mandamus directing the

authorities to construct the road, as per the petitioner desire as

prayed for in the present writ petition, more so in view of the

objection raised by the intervenor.

However, the only direction which can be issued to

the authorities is to take a decision at the earliest on the

realigning of the road, ensuring that the same is completed at the

earliest. Needless to add, the authority shall account for all the

factors, including the popular voice of the residents of the

locality; their convenience; feasibility; object and purpose for Patna High Court CWJC No.258 of 2020 dt.12-07-2021

which the road is going to be constructed, catering to the need

of the local populace, including those hailing from the

marginalized sections of the society.

As such, we dispose of the present petition with a

direction to the Respondent No. 2 namely the Principal

Secretary, Rural Works Department, Government of Bihar,

Patna to immediately call a meeting of all the stake holders,

including Respondent No. 3 namely the Principal Secretary,

Department of General Administration, Government of Bihar,

Patna, Respondent No. 4 namely the District Collector, Vaishali,

Hajipur, P.O.- Hajipur, District- Vaishali and Respondent No. 5

namely the District Land Acquisition Officer, Vaishali at

Hajipur, P.O.- Hajipur, District- Vaishali and take an appropriate

decision on the construction of the road in question.

Let an affidavit of compliance be positively filed

within a period of six months.

Liberty reserved to the petitioner as also the

intervenors and any other public spirited person to approach

Respondent No. 2 inviting attention of their respective

contentions and submissions.

Liberty also reserved to the private parties to take

recourse to such other remedies as are otherwise available, Patna High Court CWJC No.258 of 2020 dt.12-07-2021

including approaching this Court afresh on the subsequent cause

of action.

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

Learned counsel for the respondents undertakes to

communicate the order to the appropriate authority through

electronic mode.

(Sanjay Karol, CJ)

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