IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

CWJC No.____________________ of 2017(PIL)

In the matter of an application under

Article 226 of the Constitution of India,
AND
In the matter of:--
1. Surya Nath Ray, son of Late Meghvaran Singh
2. Laliteshwar Prasad Thakur, son of Sri Ram Pramod Thakur
3. Ravindra Prasad, son of Hari Narayan Thakur
4. Bharat Bhushan, son of Sri Mani Bhushan Thakur
5. Sharda Nand Mishra, son of Dineshwar Prasad Mishra
6. Sachchidanand Singh, son of Sri Ram Chandra Singh
7. Arbind Kumar Mishra, son of Sri Ganesh Dutta Mishra
8. Virendra Rai, son of Sri Sukh Dev Rai
9. Vijay Kumar Thakur, son of Sri Surya Dev Thakur
10.Sunil Kumar, Son of Sri Ramahlad Mishra
11.Sangita Kuamri, wife of Sri Sunil Kumar
12.Ram Anek Singh, son of Sri Satya Narayan Singh
13.Umesh Prasad Singh, son of Sri Nand Kishor Singh
14.Ajay Kumar Deo, son of Sri Gangadhar Prasad Deo
 All Residents of Mohalla-Aadarsh Nagar, Lane No.3,
Majhauliya, Majhauli Khetal, P.S.-Sadar, District-
Muzaffarpur
Versus
1. The State of Bihar
2. The District Magistrate-cum-Collector, Muzaffarpur
3. The Sub-Divisional Officer, Muzaffarpur(East)
4. The Additional Collector-cum-District Public Grievance
Redressal Officer, Muzaffarpur
5. The Executive Engineer, Rural Works Department,
Works Division, Muzaffarpur East-1
---------Respondents
To
The Hon’ble Mr. Rajendra Menon, the Chief Justice of the
High Court of Judicature at Patna and his companion Justices
of the said Hon’ble Court.
The humble petition of public
interest on behalf of the residents of
the locality through the petitioners
named above;
MOST RESPECTFULLY SHEWETH:
1. That this is an application praying for issuance of
appropriate writ/writs directing the respondents and other
concerned authorities to ensure completion of construction of
public road passing through Aadarsh Nagar Lane No.3,
Majhauliya, Muzaffarpur. This road connects Majhauliya
Aadarsh Nagar Main Road to National Highway No.—28. The
after notification the said road was being constructed by the
Rural Works Department of Government of Bihar. But due to
kind obstruction and nuisance created by one Manoj Ojha, son
of Raghunath Ojha and inactivity of the rspondents and other
concerned authorities construction of the said road has not
been completed till date.
2. That following issues are involved in this case for
consideration by this Hon’ble Court:-------
(i) Whether the respondent no. 5 and Rural Works
Department, Bihar are responsible to construct the sanctioned
public road passing through Aadarsh Nagar Lane No.3 which
connects the Aadarsh Nagar Main Road to National Highway
No.—28?
(ii) Whether the respondent no. 5 and other concerned
authorities are liable for their inactivity pertaining to the
construction of the abovementioned public road?
(iii) Whether a member of public can be allowed to encroach
upon and obstruct construction of a public road on false and
flimsy grounds? And the Government officials responsible
for construction of the said road can remain mute spectators
and remain inactive for a long period like four years?
(iv) Whether the respondent no.5 and other concerned
authorities are bound to complete the construction of the
abovementioned public road?
(v) Whether the residents of Aadarsh Nagar Lane No.3 are
facing acute hardship in passing through their lane in general
and during rainy season in particular?
(vi) Whether in view of the circumstances mentioned above
the petitioners and other residents of Aadarsh Nagar, Lane
No.3, Majhauliya are entitled for construction of concrete road
passing through their lane which is a public utility?
(vii) Whether in the facts and circumstances of the case
judicial intervention by an appropriate direction to the
respondents and other concerned authorities to complete the
construction of the abovementioned public road and adjoining
drain is imperative in the ends of justice?
3. That the petitioners are citizens of India and reside within
the territorial jurisdiction of this Hon’ble Court.
4. That Aadarsh Nagar, Lane No. 3, Majhauliya was notified
for construction as a public road by the Rural Works
Department, Bihar in the year 2013. The said road is about
1500 feet long. After notification construction work was
started and about 1350 feet of road has been constructed.
5. That unfortunately a local resident has encroached upon the
said road and due to his obstruction the construction work was
stopped. Residents of the locality requested the said resident
to remove the encroachment allow construction of the road.
But the said resident did not relent and falsely claimed that the
said road was being constructed partly on his private land.
6. That residents of the locality approached the District
Mgistrate, Muzaffarpur (respondent no.2) by an application
dated 11-04-2013. The respondent no.2 directed respondent
no. 3 to take appropriate steps.
7. That after the direction of respondent no. 2 Miscellaneous
Case No.—2664 of 2013 was registered in the Court of Sub-
Divisional Magistrate, Muzaffarpur(East) (respondent no. 3).
On 27-05-2014 by its order respondent no. 3 directed the
concerned contractor Devendra Kumar, Circle Officer,
Mushahari and Officer-in-Charge of the Sadar Police Station,
Muzaffarpur to complete the construction of the said road
without any delay.
A Photostat copy of the order dated 27-5-
2014 is attached herewith and marked as
Annexure-I to this petition
8. That petitioner no. 1 accompanied with the abovementioned
order of respondent no.3 approached respondent no.5 and
presented an application dated 11-10-2014 and requested him
to get the construction of the said road completed at earliest.
But their request fell on deaf ears.
A Photostat copy of the application dated
11-10-2014 is attached herewith and marked
as Annexure-II to this petition
9. That on 10-4-2015 a meeting with the residents of the
locality and concerned authorities was convened by the
Superintending Engineer, Rural Works Department,
Muzaffarpur and he directed respondent no. 5 to get the
construction of the said road completed. But construction of
the said road was not started.

10. The petitioners and other residents of the locality then

approached respondent no. 4 and filed Miscellaneous Case
No.414110116061600120 of 2016 before him. The Public
Grievance Redressal Forum by its order dated 12-8-2016
directed respondent no. 5 to get the construction work done
mandated by relevant rules. But this order could not help the
poor residents of Aadarsh Nagar Lane No.3 and construction
the said road hs not been completed till date.
 A Photostat copy of the order dated 12-8-
2016 is attached herewith and marked as
Annexure-III to this petition

11. That it is submitted hereby that the residents of Aadarsh

Nagar Lane No.3 have a legal right to get suitable approach
road to their homes. Accordingly construction the said Public
Road may be completed at earliest in the ends of justice. It is
further submitted that respondent No.5 and other concerned
authorities may be directed to complete the construction of
Aadarsh Nagar Lane No. 3 as soon as possible.
12. That in view of the circumstances mentioned it is
submitted most humbly that a direction from this Hon’ble
Court alone can redress the grievances of the residents of
Aadarsh Nagar Lane No.3, Majhauliya including the
petitioners and save them from hardship and inconvenience
caused by non-completion of the construction work of the said
Public Road which is the only approach road to their houses.
13. That the petitioners have no other equally efficacious
alternative remedy than to move this Hon’ble Court for
redressal of their grievances.
14. That the petitioners have not moved this Hon’ble court
earlier either for the relief sought for in this writ application or
in respect of the contents thereof.
It is, therefore, prayed that Your Lordships
may graciously be pleased to issue rule NISI
calling upon the respondents to show cause as
to why the prayer made by the petitioners in
paragraph no. 1 of this application be not
granted and after hearing the parties be
 pleased further to make the rule absolute
against the respondents by allowing this writ
application and by granting the relief sought
for.
AND
Be pleased further to pass such order/orders
which your Lordships may deem fit and
proper in the facts and circumstances of this
case.
And for this the petitioners will ever pray.