Patna High Court
Birendra Kumar vs The State Of Bihar Through ... on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10827 of 2020
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Birendra Kumar, Son of Late Basudeo Singh, Resident of Village-Hasanpura,
P.O. and P.S.-Beur, District-Patna.
... ... 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 and Construction Department, Government of
Bihar, Patna.
3. The Executive Engineer of Beur Area, Urban Development and Housing
Department, Government of Bihar, Patna.
4. The Managing Director (BUIDCO) Bihar Urban Infrastructure Corporation
Ltd. Second Floor, Khadya Bhawan, Road No. 02, Daroga Prasad Rai Path,
R. Block, Patna, Bihar-800001.
5. The Chairman (BUIDCO) Bihar Urban Infrastructure Corporation Ltd.
Second Floor, Khadya Bhawan, Road No. 02, Daroga Prasad Rai Path, R.
Block, Patna, Bihar-800001.
6. The Project Director L and T, Beur Road Project, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mr. Pawan Kumar, A.C. to A.G.
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 28-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For issuance of the appropriate writ/writs
direction/directions/order/orders commanding the
respondents to construct at least one way/subway
(roads) from Beur More Bypass to Hasanpura in
District- Patna through villager- Beur, so that the
Patna High Court CWJC No.10827 of 2020 dt.28-06-2021
public of this area belonging to village Beur,
Hasanpura, Nathpur, Par Nadi, Betaura and new
colonies may come out from their houses to go
offices, Hon'ble Courts, place of jobs & businesses,
hospitals schools, colleges etc. under the township
of Patna; because almost all ways (1-Beur
Hasanpura Old Road, 2- subsidiary colonical road
through Health Institute Beur & through house of
Surendra Singh & Jagdish Cement Seller) have
been demolished and pending for construction at a
same point of time) and aforesaid 2- subsidiary
colonical roads have been demolished 5-6 years
ago, and till now not constructed and those are in
brutally damaged position and there are logging of
dirty waters on the roads.
(ii) For issuance of appropriate
writ/writs/direction/directions/order/orders,
commanding the respondents to complete the
construction of aforesaid roads & subways within a
certain & limited periods because vehicles of public
moves on these road with very much hardships,
sustaining expensive damages in the vehicles.
(iii) For issuance of appropriate
writ/writs/direction/directions/order/orders for
which his lordship may deem fit and proper."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks from
today for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
Patna High Court CWJC No.10827 of 2020 dt.28-06-2021
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following terms:-
(a) Petitioner shall approach the authority
concerned within a period of four weeks from today by filing
a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and speaking order
preferably within a period of three months from the date of its
filing along with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(e) 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
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioner to approach the
Patna High Court CWJC No.10827 of 2020 dt.28-06-2021
Court, if the need so rises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits.
All issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person
i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
