IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4151 of 2020

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Lavkush Anupam Son of Late Lakshman Singh, Resident of Village-

Akhlaspur, Police Station-Bhabua, District-Kaimur, Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department,

Government of Bihar, 5th Floor, Vishveshwarya Bhawan, Bailey Road,

Patna-800015.

2.

The Additional Secretary, Rural Works Department, 5th Floor,

Vishveshwarya Bhawan, Bailey Road, Patna-800015.

3.

The Engineer-in-Chief, Rural Works Department, 5th Floor, Vishveshwarya

Bhawan, Bailey Road, Patna-800015.

4.

The Executive Engineer, Rural Works Department, Division Office, Bhabua.

5.

The Assistant Engineer, Rural Works Department, Division Office, Bhabua.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Abhishek Kumar, Advocate

For the Respondent/s

:

Mr. Manoj Kr. Ambastha (Sc26)

Mr. Subodh Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted through

Video Conferencing and the Advocates joined the proceedings

through Video Conferencing from their residence.)

Date : 12-07-2021

Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

“(i) For issuance of a direction in the nature mandamus

directing the respondents to construct the rural road namely Kori to Khaira

road which is in a dilapidated condition;

(ii) And / or for any other relief(s) for which the petitioner may

be found entitled to in the facts and circumstances of the present case.”

Supplementary counter affidavit has been filed on

Patna High Court CWJC No.4151 of 2020 dt.12-07-2021

2/2

behalf of the respondent nos.2, 3, 4 & 5 and paragraph no. 5 of

which is reproduced hereinbelow:-

“That at the outset, it is humbly being brought

to the notice of the Hon'ble Court that the Rural Works

Department, Govt. of Bihar is committed to provide single

connectively through all-weather roads to all the

habitations. The single connectively is provided to link the

habitation/rural population to the nearest Administrative

Head Quarters such as Block Head Quarter.

Thus the claimed/demand of the petitioner that

the so called road "Kori khaira Road" be constructed is not

maintainable, as the village Kori and the village Khaira is

already being provided the single connectively through all-

weather roads to the Administrative Headquarter Town

Bhabhua through the ongoing construction of road namely

Khaira to Jhingai Dihra under 'Mukiya Mantri Gram Sadak

Yojana (Referred in short) MMGSY Scheme. This road

namely Khaira to Jhingal Dihra which is already under

construction is linked/connected at Channage 0.00KM

(Jhingai Dihra) to one road namely ,Jhingai Dihra" via

Kori Road which is connected to N.H. Road No. 2 which is

connecting Mohani Town in the north and Bhabhua Town

in the south. In this way the village Kori and the village

Khaira both are getting single all-weather road

connectively to the Administrative Headquarter Town. So

the other construction or giving other connectively to both

the villages is/are not maintainable. The rough sketch of

the roads is being enclosed for the better appreciation of

the facts.”

In view of the statement made in paragraph no.5 of the

aforesaid supplementary counter affidavit, this writ petition

stands disposed of.

Sanjay/-

(Sanjay Karol, CJ)

( S. Kumar, J)

AFR/NAFR

NAFR

CAV DATE

NA

Uploading Date

13.07.2021

Transmission Date

NA