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2025 DAILYLAW 97345 (PAT)

Sunil Kumar @ Sunil Kumar Mishra v. The State of Bihar

CWJC/7069/2025 · 2025-12-02

Alok Kumar Pandey, Sudhir Singh

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7069 of 2025 ====================================================== Sunil Kumar @ Sunil Kumar Mishra Son of Late Ramakant Mishra Permanent Resident of village- Ujan (Kanakpur- Gangauli Panchayat), Police Station- Sakatpur, District- Darbhanga, Presently Residing at House no.- 21, Rajendra Path, North Sri Krishna Puri, P.S.- S.K. Puri, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Department of Rural Works, Government of Bihar, Patna. 3. The Divisional Commissioner, Darbhanga Division, Darbhanga. 4. The District Magistrate, at Darbhanga, District- Darbhanga. 5. The Block Development Officer, Manigachi Block, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Respondent/s : Mr. Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 5 02-12-2025 Following is the relief sought for in the present writ application :- "That this writ application in nature of Public Interest Litigation is being filed for issuance of a writ in the nature of mandamus or any other appropriate writ, order or orders, direction commanding the respondents to construct/renovate the link Road between two PWD Roads situate at Village: Ujan (under village Panchayat Knakpur-Gangauli in Darbhanga District at Patna High Court CWJC No.7069 of 2025(5) dt.02-12-2025 2/4 junction of PWD Road from the house of Laxmi Yadav to House of Shyama Nand Mishra and up to junction of Link Road/Pradhan Mantri Sadak at Mahveer Mandir along with other two branch roads) measuring about 1500 meter whereupon more than 1000 villagers are having their residence, which is having existence since last 150 (one hundred and fifty) years and lastly it was renovated in the year 1999- 2000 by the Manigachi Block Administration under Jawhar Rojgar Yojna and since then it is lying abandon without any construction and repairs. " 2. In response to the reliefs sought on behalf of the petitioner, a supplementary counter affidavit has been filed on behalf of Respondent No. 4 and 5. Following statements have been made in para 6 and 7 :- "6. That it is further stated here that after making physical verification of the spot in question, the concerned authority, the Block Program Officer, Manigachhi, MGNREGA vide letter no. 199 dated 10.10.2025 has submitted its report stating the material facts i.e. " mi;qZDr fo"k;d laca/k esa izlaxk/khu i= ds vuqikyu esa dguk gS fd xaxkSyh dudiqj okMZ la[;k 06 esa ';ke feJk ds ?kj ls uy ty Vkoj rd feV~Vh [kjatk dk;Z (RC/20827530) ftldh Patna High Court CWJC No.7069 of 2025(5) dt.02-12-2025 3/4 izkDdfyr jkf"k 6]88]000 #& :i;s gSA ekg twu esa dk;Z izkjaHk fd;k x;k FkkA ;kstuk LFky ij feV~Vh dk;Z djk;k x;kA feV~Vh dk;Z mijkar bZaVdj.k ls iwoZ feV~Vh dk Compaction vko';d gksrk gSA ekg tqykbZ ls o"kkZ ds ekSle ds dkj.k vkSj rdfudh :i ls feV~Vh dk Compaction ugha gksus ds dkj.k [kjatk dk;Z laHko ugha gks ldkA feV~Vh esa Compaction gksus ds mijkar ;Fkk'kh?kz [kjatk dk;Z dj fy;k tk,xk ,oa ;kstuk dks ;Fkk'kh?kz iw.kZ djk fy;k tk,xkA" 7. That it is further stated here that the respondents humbly submits that the submitted report contains the fact that the soil work has already been completed but due to heavy rain in the locality, the compaction work has not been completed. The submitted report also contains the fact that after completion of compaction work, brick works (Kharanja Karan) shall be completed without having inordinate delay and in the same, it is respectfully submitted that the respondents are in need of some reasonable time so that the work of the scheme shall be finally completed." 3. Considering the statements made in the supplementary counter affidavit and the undertaking given by the respondent authorities, it is evident that they have already taken steps for completion of road in question. It goes without saying that the respondents shall take all necessary measures to Patna High Court CWJC No.7069 of 2025(5) dt.02-12-2025 4/4 conclude the construction work at the earliest. 4. With the aforesaid observation, the present writ application stands disposed of. 5. Pending application(s), if any, shall stand disposed of. alok/rajesh- (Sudhir Singh, ACJ) (Alok Kumar Pandey, J) U