Disposed

Mahesh Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC16 Oct 2017CWJC/8288/2017

Case brief

AI extract

What is this about?

In this PIL, petitioners sought a writ to stop canal and link road construction and direct it to a specific area. The court held that technical matters are for administrative authorities and granted liberty to approach authorities.

What did the court decide?

Liberty granted to petitioners to apply to State Government authorities regarding the alignment of the proposed canal and link road.

Mahesh Kumar and Ors. Vs The State Of… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8288 of 2017

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Mahesh Kumar S/o Late Sarvesh Singh

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Narendra Kumar S/o Devendra Singh

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Ramesh Kumar S/o late Saryug Singh

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Umakant Singh S/o late Shyam Nandan Singh All R/o VillageHaibatpur, P.S. Khushrupur, Dist. Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar, through the Chief Secretary, Government of BIhar, Patna

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The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

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The Principal Secretary, Water Resources Department, Bihar, Patna.

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The Collector, Patna.

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The Collector, Nalanda

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The Chief Engineer, Rural Works Department, New Secretariat Patna.

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The Superintending Engineer, Rural Works Department, Work Circle, Patna.

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The Executive Engineer, Rural Works Division, Daroga Rai Path Patna.

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The Executive Engineer, Rural Works Division, Daroga Rai Path Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Das, Advocate For the Respondent/s : Mr. Bishwa Bibhuti Kr. Singh, AC to AG For the Private Respondent: Mr. Sanjay Kumar, Advocate

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======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 16-10-2017

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This application has been filed in public interest and the grievance of the petitioners is that a command be issued to the respondent to stop the work of canal, river and link road and further that the link road and canal should be constructed through a particular region/area indicated in the application.

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Patna High Court CWJC No.8288 of 2017 dt.16-10-2017

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2/2

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Counter affidavits have been filed by all the respondents that based on a project prepared and reports and suggestions given by the expert authorities, the alignment for construction have been finalized.

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The question as to how and in what manner a canal or a road is to be constructed is a matter, technical in nature, to be decided by the administrative authorities and in this Public Interest Litigation we see no reason to make any indulgence into the matter.

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Granting liberty to the petitioner to take up the issue with the authorities of the State Government, we dispose of the matter.

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(Rajendra Menon, CJ)

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( Anil Kumar Upadhyay, J)

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K.C.Jha/-

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AFR/NAFR	NAFR
CAV DATE
Uploading Date	28.10.2017
Transmission Date

Mahesh Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

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Mahesh Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

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