The applicant sought a direction to construct a bridge at Khatolwa village. The court held this was a pure administrative discretion of the State. No serious flaw was alleged. Being a non-PIL application, it was dismissed.
The application seeking direction to construct a bridge was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6817 of 2013
====================================================== 1. Sunil Kumar Bharti Son Of Sri Hari Nandan Ram Resident Of Village - Khatolwa, P.S. Kalyanpur, District - East Champaran At Motihari .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Road Construction Department, Bihar, Patna 2. The Chief Engineer, Bihar State Road Nirman Construction Company, Patna 3. The Executive Engineer, Bihar State Pool Nirman Company, Muzaffarpur 4. The District Magistrate, Motihari 5. The Sub-Divisional Officer 6. The Block Development Officer, Block Kalyanpur, Motihari 7. The Circle Officer, Kalyanpur, Motihari .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Sabal Kumar Jha For the State : Mr. Utsav Kumar, A.C. to G.A.-11 For the Respondents nos. 2 and 3 : Mr. Vikash Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 25-01-2016 Heard both the sides. The petitioner claims to be the resident of a village, which is situated near River Khatolwa. The petitioner has filed this application seeking a direction upon the respondent- Bihar Rajya Pool Nirman Nigam Limited to construct the bridge in the village of Khatolwa on the river of Khokhana as the selection of place for construction of bridge was made under Chief Minister Setu Nirman Yojna. In the counter affidavit filed on behalf of
Patna High Court CWJC No.6817 of 2013 (3) dt.25-01-2016
2/2
respondent nos. 2 and 3 it has been stated that the site on which the construction of bridge has to be constructed was approved by the district administration.
Where the bridge shall be constructed, in my view, is a purely administrative decision of the State- respondent to benefit the people of the area. Nothing has been stated about any serious flaw in the selection causing enormous difficulty to the petitioner, who has filed this application on behalf of the residents of the village.
Considering the above as also the fact that the application for the said relief has been filed not as a public interest litigation, I am not inclined to grant the same. This application is accordingly dismissed.
(Kishore Kumar Mandal, J)
singh/-
U
2 issues framed by the court
Whether the court should grant a direction to construct a bridge under Chief Minister Setu Nirman Yojna.
Whether claims of enormous difficulty in bridge selection constitute a serious flaw requiring judicial intervention.
Sunil Kumar Bharti
The State Of Bihar Through The Principal Secretary, Road Construction Department, Bihar, Patna
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
