IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18060 of 2010 BIRENDRA KUMAR TIWARY, S/O KAILASH TIWARY, R/O VILLAGE/MOHALLA PANCHAYATI AKHARA, P.S. KOTWALI, DISTRICT GAYA--------------------------------------------------------------------------PETITIONER Versus 1.THE STATE OF BIHAR 2.THE PRINCIPAL SECRETARY, RURAL WORK DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3.THE ENGINEER-IN-CHIEF, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4.THE CHIEF ENGINEER-1 RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5.THE SUPERINTENDING ENGINEER, MAGADH CIRCLE, RURAL WORKS DEPARTMENT, GAYA 6.THE EXECUTIVE ENGINEER, WORKS DIVISION, RURAL WORK DEPARTMENT, GAYA---------------------------------------------------RESPONDENTS ----------- For the petitioner :Mr.Sanjeev Kumar, Advocate For the respondents:Mr.M.K.Singh, G.P.12 ------ 2. 02.11.2010 This is the second round of litigation by the petitioner. Earlier he had filed C.W.J.C.No.1801 of 2010 which was disposed of by order dated 15.4.2010 with a direction to the Principal Secretary, Rural Works Department, Government of Bihar that he shall take cognizance of the matter and issue an appropriate direction so that a decision was taken with regard to the work assigned to the petitioner and utilization of the allocation of fund in a proper manner in the light of the new recommendation. Pursuant to the said direction the Principal Secretary by his reasoned order dated 20.9.2010 has considered the 2 entire matter. He has taken note of the fact that the work was being done by the petitioner under the Mukhya Mantri Gram Sadak Yojna (MMGSY) from Morhar Nahar to Kazari Fatehpur road, whereas the Kazari village which had to be provided connectivity gets connected by Pakka road being constructed under the Pradhan Mantri Gram Sadak Yojna (PMGSY) and the path of the two roads also overlapped. It is further stated in the said order that since the purpose of construction of road under the MMGSY gets taken care of by the construction of the road under the PMGSY there is no justification for continuance of the work under the said Scheme, when funds have been received from the Central Scheme, which also appears to be the general policy of the State. For the said reasons he has rejected the proposed scheme for road construction submitted by the Executive Engineer, Rural Works Department, Works Division, Gaya. Learned counsel for the petitioner submits that there is no complete overlapping between the two roads and under the revised scheme submitted by the Executive Engineer the road under the MMGSY Scheme can be 3 easily constructed without any overlapping of road under the Central Scheme. Be that as it may, this Court in its writ jurisdiction does not sit in appeal over the decision of the administrative authorities. From the impugned order dated 20.9.2010 of the Principal Secretary it is evident that all aspects of the matter had been considered and a decision was taken by him. The said decision does not appear to be arbitrary or irrational. Undoubtedly the resources of the State are at all times limited and the best use has to be made of them. The principal reason behind the said decision that once connectivity has been provided by road construction under a Central Scheme then providing further connectivity under the State scheme would be a waste of the resources of the State is unassailable. For the aforesaid reasons, this Court does not see any occasion to interfere with the impugned order. The writ application is, accordingly, dismissed. Learned counsel for the petitioner at this stage submits that he had deposited the security deposit for the entire scheme whereas the work has been taken from him with respect to only a part of the scheme and there is no 4 justification for the State authorities to retain the entire security deposit amount. In the said circumstances, the respondent authorities are directed to look into the matter and refund to the petitioner the proportionate amount of the security deposit, taking into account the work performed by him, within a period of six weeks from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) Spal/