IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16593 of 2009 ***** 1. VIJAY SHANKAR SINGH S/O SRI BHAIRAW PRASAD SINGH R/O VILLAGE & P.O.- BISHANPUR, P.S.- BENIPATTI, DISTT.- MADHUBANI 2. SANTOSH KUMAR SINGH S/O LATE DEVENDRA SINGH R/O VILLAGE & P.O.- BISHANPUR, P.S.- BENIPATTI, DISTT.- MADHUBANI. …. …. Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. SECRETARY-CUM-COMMISSIONER RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. DISTRICT MAGISTRATE MADHUBANI 4. EXECUTIVE ENGINEER RURAL WORKS DEPARTMENT, BENIPATTI, MADHUBANI. …. …. Respondents ----------- For the Petitioner : Mr. Deepak Kumar Sinha, Advocate For the State : Mr. Harendra Pratap Singh, G.A.-6 ----------- 5. 9.3.2010. This Court on 19.2.2010 had passed the following order: - “A counter affidavit has been filed by the State, sworn to by Executive Engineer, R.W.D., Benipatti, Madhubani. We are not satisfied by the stand taken in the affidavit, as we are of the prima facie opinion, that the construction of the bridge in question is a need, regard being had to the fact that the people are required to cross the river on the bridge and as has been averred in the writ petition the bridge is in a dilapidated condition. In view of the aforesaid, we would like the Principal Secretary, Rural Works Department to file an affidavit whether the State is inclined to construct the said bridge or not. If required, the Principal Secretary shall consult his higher authorities before filing the affidavit, for an - 2 - affidavit filed by the State should show some responsibility and not an attitude of laxity. Let the affidavit be filed within ten days. Let the matter be listed on 9th March, 2010. It shall be mentioned in the list it shall be taken-up as the first case at 10.15 A.M. A copy of the order be handed over to Mr. H.P.Singh, learned counsel for the State to apprise the competent authority of the State to do needful in the matter.” In pursuance of the aforesaid order an affidavit has been filed. In paragraph 4 of the affidavit it has been stated as follows: - “4. That it is state that the state is inclined to construct the said bridge in the coming financial year i.e. 2010-2011. The estimate has been prepared and submitted by the Executive Engineer, Rural Works Division, Benipatti vide letter no.01, camp, patna dated 05.03.2010 (Annexure-A). The estimated cost of the said bridge is Rs.70.116 (in lacs) after deduction of the cost of materials already available in the works division Jhanjharpur. The respondent state shall complete the construction of this bridge, as directed by Hon’ble High Court, which was lying under the MLA/MLC ADS Scheme.” In view of the aforesaid, in our considered opinion, nothing remains to be adjudicated in this writ petition. However, we hasten to add, the State Government shall stand embedded by its commitment put forth in its - 3 - affidavit that has been quoted hereinabove. The writ petition is accordingly disposed of. There shall be no order as to costs. A free copy of the order be handed over to Mr. Harendra Pratap Singh, learned counsel for the State to do the needful in the matter. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)