Patna High Court
Md. Alamgir vs The State Of Bihar on 4 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.883 of 2022
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Md. Alamgir S/o Md. Nasiruddin Biswas, Resident of Village - Basantpur,
P.S. - Amdabad, District- Katihar, Ex- chairman Mukhiya sangh Amdabad
Block, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.
3. The Engineer - in - Chief, Rural Works Department, Govt. of Bihar, Patna.
4. The Chief Engineer, Rural Works Department, Govt. of Bihar, Patna.
5. The Secretary, Rural Works Department, Govt. of Bihar, Patna.
6. The Bihar State Bridge Construction Corporation Limited, Govt. of Bihar,
Patna through its Chairman.
7. The Chairman, Bihar State Bridge Construction Corporation Limited
Government of Bihar, Patna.
8. The Managing Director, Bihar State Bridge Construction Corporation
Limited, Government of Bihar, Patna.
9. The Senior Project Engineer, Works Division, Katihar.
10. The Divisional Commissioner, Purnea Division, Purnea.
11. The Deputy Development Commissioner, Katihar.
12. The Executive Engineer, Rural Works Department, Works Division,
Manihari, Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Md. Ataur Rahman, Advocate
For the Respondent/s : Mr.Ajay (G.A. 5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 04-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.883 of 2022 dt.04-02-2022
"That this application is being filed by
way of Public Interest Litigation before this Hon'ble
Court against the order dated 09.04.2021 passed by
the Secretary, Rural Works Department, Govt. of
Bihar, Patna (Respondent No. 5) which was
communicated through Memo No. 2652 dated
25.06.2021 whereby the application filed by the
petitioner as per order dated 08.12.2020 passed in
C.W.J.C. No. 12301/2019 was rejected without
considering the said application of the petitioner and
without mentioning guideline/scheme to show that
the concerned road does not come within State core
network or Gram Tola Sampark Nischaya Scheme
and the respondent has repeated his earlier order vide
Memo No. 1739 dated 01.03.2019. Further direction
may be given to respondent No. 5 to construct a
bridge (in the midst of main Road, Stream of river
Ganga is flowing covering 125 meters width whereon
construction of bridge is essential) over the stream of
river Ganga and thereafter to construct a road to
situated within Amdabad Block with main Road N.H.
131A Hemchand High School, Kishanpur under the
Gram Tola Sampark Nischay Scheme, whose total
length would be about 5 kilometer."
This writ petition has been filed against the order
dated 09.04.2021 passed by the Secretary, Rural Works
Department, Govt. of Bihar, Patna (Respondent No. 5), whereby
the application filed by the petitioner was rejected.
Annexure-9 is the order passed by the competent
authority, pursuant to the direction of this Court dated
08.12.2020 passed in C.W.J.C. No. 12301/2019, in which it has
been recorded that in spite of granting several opportunities,
petitioner did not appear before the competent authority to
Patna High Court CWJC No.883 of 2022 dt.04-02-2022
participate in the proceedings.
As such, the present writ petition is dismissed.
However, dismissal of present writ petition shall not
preclude petitioner to take recourse to such other remedies for
redressal of their grievance, as otherwise available in
accordance with law.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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