IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1801 of 2010 BIRENDRA KUMAR TIWARI Versus THE STATE OF BIHAR & ORS ----------- 4 15.4.2010 Heard learned counsel for the parties. After filing of the present writ application by virtue of which the petitioner was seeking a direction upon the respondents not to prevent him from carrying out the construction of road, certain development has taken place. That development has co-relation to the origin of the present dispute. Petitioner was given contract for construction of a road by the Rural Works Department from Morhar Nahar to Kazari Fatehpur road by agreement No. 4F2/2009-2010. Once the work started it was found that yet another road under Prime Minister Rural Road Construction Scheme was going on in the same stretch and the work assigned to the petitioner was overlapping with the PMGSY construction. Since there was overlapping of almost 1100 meters, the work had been stopped. The authorities have now decided to re-look into the matter. Recommendation has been made by the Executive Engineer to the Superintending Engineer making suggestion that a fresh estimate should be made and the allocation of fund to the petitioner should be utilized for construction of a road what is known as Morhar Nahar to Kazari Fatehpur Road. According to the said recommendation it will be proper utilization of resources. Keeping in view the development indicated in - 2 - annexure-8 to the writ application and the instruction which learned counsel for the State is given in this case, this writ application is disposed of with a direction upon 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 is 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. An early decision is the need of the hour. The Court expects that the Principal Secretary will resolve the dispute in the light of annexure-8 within a reasonable time frame. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)