IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1074 of 2011 1. SUDARSHAN RAI, EX-PRAMUKH, PIPRAKOTHI BLOCK, SON OF LATE RAMCHANDRA RAI, RESIDENT OF VILLAGE-BALTHARWA, P.O. & P.S.- PIPRAKOTHI, DISTRICT-EAST CHAMPARAN, BIHAR 2. BHAGMATI DEVI, MEMBER OF PANCHAYAT SAMITTEE, GRAM PANCHYAT VEER CHHAPRA, BLOCK PIPRAKOTHI, WIFE OF SUDARSHAN RAI, RESIDENT OF VILLAGE-BALTHARWA, P.O. & P.S.- PIPRAKOTHI, DISTRICT-EAST CHAMPARAN, BIHAR. 3. BACHCHI DEVI, MEMBER OF PANCHAYAT SAMITTEE, GRAM PANCHYAT VEER CHHAHRA, BLOCK -PIPRAKOTHI RESIDENT OF VILLAGE- BALTHARWA, P.O. & P.S.-PIPRAKOTHI, DISTRICT- EAST CHAMPARAN, BIHAR 4. MD. ASALAM ANSARI, [SOCIAL WORKER] SON OF LATE AHMAD HUSSAIN, RESIDENT OF VILLAGE-DHARGAWAN, P.O. & P.S.-MEHASI, DISTRICT-EAST CHAMPARAN, BIHAR 5. MD. NURUL HODA, [SOCIAL WORKER], SON OF MD. NASIR ANSARI, RESIDENT OF VILLAGE- DHARGAWAN, P.O. & P.S.-MEHASI, DISTRICT- EAST CHAMPARAN, BIHAR…………………………………….PETITIONERS . Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE ENGINEER-IN-CHIEF, RURAL WORKS 2 02/ 19-Jan-2011 DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, RURAL WORK DEPARTMENT, WORKS CIRCLE BETTIAH, WEST CHAMPARAN. 6. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI. 7. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION NO.2, MOTIHARI. ………………….RESPONDENTS ----------- For petitioners:- Mr. Chitranjan Sinha, Sr. Advocate Mr. Ranjeet Kumar, Advocate Mr. Ramji Sharma, Advocate For respondents:- Mr. Devendra Kumar Sinha, Sr.Advocate (AAG-2) Heard learned counsel for the petitioner and learned counsel for the State. 2. Learned counsel for the petitioner should delete Respondent No.8 from the list of Respondents otherwise this writ petition cannot be treated as a Public Interest Litigation. 3. This writ petition has been filed by five individuals belonging to District East Champaran by way of Public Interest Litigation with a prayer that two particular rural roads be repaired by the concerned respondents out of funds allocated for repair of rural roads on a priority basis because the two roads are alleged to be important roads and in urgent need of repair. The details of the two roads are as follows:- (i) Majhariya Primary School to Jhakhara 3 Chowk in Pipra Kothi Block, under Works Division no.2, Motihari [5 KM]. (ii) REO Road Dhargawa Chowk to REO Pich Road via Dhargawan village in Mehasi Block under Works Division no.2 Motihari [4 KM]. 4. It appears that earlier a particular Member of Legislative Council had been kind enough to recommend fund for repair of the aforesaid two roads and on that account an amount of Rs 50 Lacs could have been used by the concerned department for the purpose of repair, however, subsequently the said recommendation appears to have been withdrawn as the MLC concerned wanted to recommend another project. 5. So far as repair of public roads is concerned, it definitely serves public purpose but it is difficult for this Court to select a particular road and hence, although we have sympathy with the petitioners and this Court would be happy if the roads are repaired but we leave the matter to the discretion of Respondent No.2, the Principal Secretary, Rural Works Department, Government of Bihar who shall consider the claim of the petitioners for repair of the aforesaid two roads keeping in view the availability of funds under the scheme, the condition of 4 the roads, their utility and claim of others for repair of similar roads. In case, it is found possible to repair these roads within the funds available, on account of requirement of repair and importance of the road, the decision for such repair should be taken expeditiously and preferably within four weeks from the date of production/communication of a copy of this order so that there may not be any hindrance on account of lapse of funds by end of the financial year. 6. With the aforesaid observation, the matter is disposed of. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)