ASHOK KUMAR Vs. STATE OF BIHAR
LAWS(PAT)-2022-3-43
HIGH COURT OF PATNA
Decided on March 04,2022

ASHOK KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Petitioner has prayed for the following relief(s):- (1) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities for grant of administrative and technical sanction for construction of a P.C.C. Road in Ward No.15 of Mahnar Nagar Parishad from Anusuchit Jail Pratlunik Vidyalaya Mahnar to Nagar Parishad Boundary via Mahadalit Tola in view of the detail estimate prepared by the Department and for construction of P.C.C. Road in Ward No.15 from the house of Ramdeo Rai to Nagar Parishad Seema via house of Nepali Ram and for allotment of sufficient fund for construction of above mentioned Roads to Nagar Parishad, Mahnar on the ground that the said Roads were constructed about 30 years ago and considering the condition of Road . the Bihar Urban Infrastructure Development Corporation has already prepared estimate on 8/1/2019 where after the matter was referred to the Respondent no.2 for its administrative and technical sanction but till date neither the requisite sanction has been granted by the State Government nor funds have been made available to Nagar Parishad for its construction causing great hardship to the residents of the said Ward not only in rainy season but also in other seasons of the year . (II) For issuance of an appropriate writ in the nature of MANDAMUS , commanding and directing the Respondent Authorities for construction of drainage system in Ward No.15 of Mahnar Nagar Parishad because of which the entire Ward is converted in a pond during the entire rainy season as there is no system in the said Ward to drain out the rain water from the Ward. (III) For issuance of any other appropriate writ/writs ,order/ orders, direction!directions for which the writ petitioner
(3.) Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the local level by the appropriate authorities.;


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