IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6346 of 2005 Ashok Kumar son of late Ram Lakhan Lal, resident of village-Wena, P.S. Wena, District-Nalanda Versus 1. The State of Bihar 2. Commissioner-cum-Secretary, Rural Engineering Organization, Bihar, Patna. 3. Engineer-in-Chief, R.E.O., Bihar, Patna. 4. Executive Engineer, R.E.O., Biharsharif, District Nalanda 5. District Magistrate, Nalanda at Biharsharif 6. Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Nalanda at Biharsharif ----------- 4 25.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the Zila Parishad, Nalanda. Pursuant to the order dated 03.11.2011, learned counsel for the Zila Parsihad has taken instruction and informs the Court that the said work of digging up of the pine was executed under the Sampurn Gramin Rojgar Yojna which according to him is no more in force and coupled with the fact that the Zila Parishad does not have sufficient fund of its own, the said work is beyond the capacity of the Zila Parishad for being executed. At this juncture, learned counsel for the petitioner submits that as per the Mahatma Gandhi National Rural Employment Guarantee Scheme(MNREGA), there is special provision for providing employment on daily wages 2 to the needy and in such scheme the work to dig up earth is the mainstay. He submits that in view of the fact that the digging up of the pine relates to irrigation facilities for the fields dependent on such water, it is an essential public utility which needs to be carried out. Learned counsel for the State fairly submits that the MNREGA scheme is meant for such scheme and the writ petition may be disposed off with a direction to the District Magistrate, Nalanda to look into the matter and ensure that the pine is dug up and made workable so that public interest is served. Learned counsel for the Zila Parishad is also in agreement with the same. Considering the facts and circumstances of the case, especially in view of the fact that initially the Zila Parishad had approved the scheme which goes to prove that it does serve public purpose as it is required, let the District Magistrate, Nalanda, look into the matter and take appropriate steps to see that the pine is dug up and made workable. As indicated above, he may get the work done under the MNREGA scheme. Let the petitioner file a representation before the 3 District Magistrate, Nalanda alongwith a copy of this order. The District Magistrate, Nalanda, shall take appropriate action in the matter expeditiously and shall also be conscious of the fact that the purpose for which the pine is being dug up should not lose its efficacy and the work is completed before the beginning of the next rainy season. The writ petition stands disposed off, in the aforesaid terms. Saif/- (Ahsanuddin Amanullah, J.)