Devbarat Kumar vs The State Of Bihar
2023 Latest Caselaw 4128 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.12152 of 2023
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Devbarat Kumar S/o Late Janardan Singh, Resident of Village and P.O.- Lanka Kachhuwara, P.S.- Gaurichak, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary Rural Development Department, Patna.

2. The District Magistrate, Patna.

3. The Executive Engineer, Rural Work Department, Rural Commissioner, Masaurahi, Dist. - Patna.

4. The Circle Officer, Sampatchak, Patna.

5. Block Develop Department Officer, Sampatchak, Patna.

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

For the Petitioner/s : Mr. Kameshwar Singh, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

Date : 29-08-2023

1. Heard learned counsel for the petitioner and

learned counsel for the respondents.

2. The instant application has been filed by the

petitioner in the nature of a public interest litigation praying

therein for directing the respondent authorities to take

appropriate steps to construct a bridge under the PMGSY road

from Sabalpur to Fahimchak in village Kachhuwara, to take

steps with respect to construction of four small bridges and

arrangement of water drainage around the road near Khata Patna High Court CWJC No.12152 of 2023 dt.29-08-2023

no.33, Khesra no.997 in Thana no.132 on account of

agriculturists being affected and for other reliefs.

3. It is the case of the petitioner that he is a social

worker and has no personal interest in the subject matter of the

writ application. It is further submitted that four bridges are

required for drainage of water and in case the same are not

constructed, water logging will create a number of problems.

4. On perusal of the material on record, it transpires

that pursuant to a complaint filed by the petitioner on 27.4.2021,

he received a reply dated 7.1.2022 from the District Public

Grievance Redressal Officer, District Patna which is to the

effect that bridges, construction of which is being prayed for by

the petitioner, already had to be constructed by the contractor.

As the contractor did not construct the same as per the

agreement entered by him with the department, he has been

debarred and blacklisted. As per the contents of the said reply, a

fresh DPR (Detail Project Report) is being prepared for taking

steps in the matter.

5. Having heard learned counsel for the parties and

having perused the material on record, in the opinion of the

Court, construction of bridge etc. is a matter of policy decision

of the State and its authorities. Further, from the reply dated Patna High Court CWJC No.12152 of 2023 dt.29-08-2023

7.1.2022 of the District Public Grievance Redressal Officer,

Patna, brought on record as Annexure-1 to the application, it

transpires that steps have already been taken by the respondents

in the matter.

6. In view of the above, no order need be passed in

the instant application and the same is dismissed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Saurabh/-

AFR/NAFR
CAV DATE
Uploading Date          31.08.2023
Transmission Date