----------- 02/ 19-Jan-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1135 of 2011 RAM CHANDRA SINGH KHARWAR S/O LATE GUDAR SINGH R/O VILLAGE-BAHADAG, P.O. & P.S.ADHAURA, DIST-KAIMUR……….PETITIONER Versus 1. THE STATE OF BIHAR THRU THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF BUILDING CONSTRUCTION, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, DEPARTMENT OF BUILDING CONSTRUCTION , GOVERNMENT OF BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, ARRAH. 6. THE EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DEPTT, BHABHUA, KAIMUR. 7. THE DISTRICT MAGISTRATE, KAIMUR, BHABHUA. 8. THE SUPERINTENDENT OF POLICE, KAIMUR, BHABHUA. 9. THE STATION HOUSE OFFICER, P.S.ADHAURA, BHABHUA, KAIMUR. 10. M/S SUNNY CONSTRUCTIONS & COMPANY, THRU ITS ATTORNEY HOLDER SRI UDAY KUMAR SINGH, BRANCH-PATER CHOWK, BHABHUA, KAIMUR……………..RESPONDENTS. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has preferred this writ petition purported in public interest alleging M/s Sunny 2 Construction & Co. Class-1 Government contractor has been allowed to leave a contract work unfinished by the State authority on a wrong plea that the work site is under threat of naxalites. Learned counsel for the State has drawn our attention to Annexure-3 and 4 to point out that the contractor has done several works allocated to him but some of the works could not be completed because of naxalites threat which is supported by reports of the police as well as Assistant Engineer concerned. As to whether there is actual naxalites threat which may endanger life and property is the issue which must be left to be decided by the concerned authorities. In the facts of the case, we are not in a position to issue any positive direction to complete the half finished work for the present. The writ petition is disposed of with a direction that if in future the naxalites menace is perceived to be over, then the work may be taken up for completion. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)