IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9138 of 2008 BIRENDRA KUMAR MISHRA Versus THE STATE OF BIHAR & ORS ----------- 02. 14-7-2008 A certain action being taken by the respondent authorities while constructing an ahar is causing annoyance to a large number or sections of the villagers, which may be bonafide, then the respondent authorities have a duty to look into the matter, take the objection into consideration and if found to be genuine, corrective measures ought to be taken. Petitioner has some serious apprehension that the construction work may not be in the interest of a large number or sections of the villagers and in this regard they have approached the District Magistrate, Bhojur with their representation signed by a large number of persons. The issue raised in the writ application cannot be appreciated or adjudicated upon by this Court based on affidavits or the annexures which have been brought on record. The matter will have to be examined by the local authorities who are at the helms of the affairs. This Court therefore disposes of the writ application with a direction upon the District Magistrate, Bhojpur that she will get the representation dated 15.5.2008 examined and after consulting the people’s representative as well as the engineers who are executing the project take a final decision in this regard. The decision taken by the authorities will govern the issue. If the petitioner has still some grievance then he may move appropriate forum thereafter. - 2 - The writ application stands disposed of along with I.A.No.3707 of 2008 for early decision. rkp (Ajay Kumar Tripathi, J)