Disposed

Tapeshwar Singh v. The State Of Bihar and Ors.

Patna HC11 May 2015CWJC/15355/2014

Case brief

AI extract

What is this about?

In a PIL, petitioners challenged an order refusing construction of a bridge across Sakri river due to high costs. The court declined to set aside the order but directed steps to enable crossing during the lean season.

What did the court decide?

Directing the respondents to take steps in the near future to construct a partial bridge to enable villagers to cross the river during the lean season.

Tapeshwar Singh Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.15355 of 2014

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=========================================================== 1. Tapeshwar Singh S/o Late Ramdhin Singh R/o Village Ohari, P.O. Ohari, P.S. Nawada, District Nawada, Retired Manager, Bhumi Vikash Bank, Patna. 2. Haridwara Pd. Singh S/o Late Ramswaroop Singh R/o Village Ohari, P.O. Ohari, P.S. Nawada, District Nawada, Retired Teacher-cum-Sammanit Adhyakash, Pul Nirman Sangharsh samiti.

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Rajendra Prasad Singh S/o Late Mushari Singh R/o Village Ohari, P.O. Ohari, P.S. Nawada, District Nawada, Retired Assistant Teacher, Singh Samaj Sevi. 4. Anirudh Pd. Singh S/o Late Brahmdeo Singh R/o Village Bhunj, P.O. Ohari, P.S. Nawada, District Nawada, Mukhiya, Gram Panchayat, Bhunj. 5. Sheo Balak Choudhary S/o Late Ganesh Choudhary R/o Village Jakhaur, P.O. Dirmobara, P.S. Roh, District Nawada, Pramukh Prakhand, Roh. 6. Bhagirath Ram S/o Chamari Ram R/o Village Dumari, P.O. Dumari, P.S. Roh, District Nawada, Mukhiya, Gram Panchayat Dumari. 7. Rehana Khatoon W/o Md. Akhtar R/o Village Marui, P.O. Marui, P.S. Roh, District Nawada, Mukhiya, Gram Panchayat, Marui.

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Kailash Prasad S/o Late Natho Mahto R/o Village Punjala, P.O. Ohari, P.S. Roh, District Nawada, Retired Teacher-cum-Koshadhakash, Pul Nirman Sangarsh Samiti. 9. Arjun Ram S/o Late Vanshi Ram R/o Village Dimobara, P.O. Dimobara, P.S. Roh, District Nawada, Zila Parshad Prakhand Roh-cum-Sachiv, Pul Nirman Sangharsh Samiti. 10. Badri Singh S/o Late Radho Singh R/o Village Punj, P.O. ohari, Ex-Mukhiya, Gram Panchayat Kunj Sah Adhyakash, Pul Nirman Sangharash Samiti. 11. Ramawatar Prasad S/o Sri Lalo Mahto R/o Village Nanora, P.O. Nanora, P.S. Nawada, District Nawada, Retired Pradhan Aapt Sachiv, Wanijyakar Vibhag, Bihar, Patna. 12. Shambhu Prasad @ Shambhu Lal S/o Late Gaya Lal R/o Village Bhod, P.S. Sirdala, District Nawada Sah Zila Parishad Sadasya Sah Bharastachar Mukti Morcha, Sirdala, Nawada.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Chief Secretary, Bihar, Patna.

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Principal Secretary, Rural Works Department, Bihar, Patna.

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Principal Secretary, Road Construction Department, Bihar, Patna.

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Chief Engineer, Road Construction Department, Biahr, Patna.

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Chief Engineer-Additional Commissioner-cum-Special Secretary, Rural Works Department, Bihar, Patna. Sri D. Choudhary.

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Chief Engineer-4, Rural Works Department, Patna - Sri Vishwanath Choudhary. 8. Managing Director, Bihar Rajya Pul Nirman Nigam Limited-07 - Sardar Patel Marg, Patna-15.

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District Magistrate, Nawada.

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Superintending Engineer, Advance Plan Circle, Patna.

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Executive Engineer, Rural Works Department, Nawada.

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Executive Engineer, Rural Works Department, Rajauli.

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.... .... Respondent/s

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Patna High Court CWJC No.15355 of 2014 dt.11-05-2015

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Appearance : For the Petitioner/s : Mr. Indradeo Prasad, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-6

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=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 11-05-2015

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This writ petition is filed in public interest with a prayer to set aside the order dated 15.07.2014 passed by the Engineer-in-Chief-cum- Additional Commissioner- cum- Special Secretary, Rural Works Department, Government of Bihar.

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The petitioners are residents of Ohari Village of Nawadah District. They earlier approached this Court by filing CWJC No.9628 of 2013, with a prayer to direct the respondents to undertake construction of a bridge across Sakri river which passes by the side of the village. The writ petition was disposed of on 19.07.2013 directing the Chief Engineer to examine the matter and to pass orders. In compliance with the direction, the Engineer-inChief passed order dated 15.07.2014 observing that the cost of the construction of the proposed bridge would be Rs.25 crore and since a bridge is newly constructed in the down stream, it is not possible to construct the bridge as prayed by the petitioners.

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MJC No.6089 of 2013 filed in this behalf was rejected, taking note of the order dated 15.07.2014. The petitioners seek relief of setting aside the order dated 15.07.2014 and other consequential

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Patna High Court CWJC No.15355 of 2014 dt.11-05-2015

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reliefs.

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Heard Sri Indradeo Prasad, learned counsel for the petitioners and Sri Anjani Kumar, learned Additional Advocate General-6 for the respondents.

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The petitioners, no doubt, are making efforts to ensure that the villagers get facilities of crossing the bridge without the necessity of travelling down-stream and up-stream. When the cost was found to be Rs.25 crore, the Government has to balance the financial commitment, on the one hand, and the public need, on the other hand.

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As of now, the petitioners can cross the river when it is in flow, by travelling some distance down stream. In the present scenario, we find it difficult to set aside the order dated 15.07.2014. We, however, direct that in the near future, steps shall be taken to construct the bridge, if not a full-fledged manner, at least to enable the villagers to cross the bridge during lean season so that it shall help the villagers to use it in the occasion of emergency.

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(L. Narasimha Reddy, CJ)

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(Sudhir Singh, J)

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Sunil/U

Tapeshwar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Tapeshwar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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