IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17238 of 2009 1. BANSHIDHAR RAM S/O SRI SITARAM RAM R/OVILL AGRERKALA, P.S. SURYAPURA, DISTT-ROHTAS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT GOVT.OF BIHAR, PATNA 3. THE DISTRICT MAGISTRAE ROHTAS 4. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION SASARAM (ROHTAS) 5. THE BLOCK DEVELOPMENT OFFICER SURYAPURA (ROHTAS) 6. THE MUKHIYA AGRERKALA, SURYAPURA, ROHTAS 7. THE PANCHAYAT SECRETARY AGRERKALA, SURYAPURA, ROHTAS For the petitioner:- Mr. Rajesh Kr. Sinha, Advocate For the State:- Mr. G.P.-20 For Private Intervenors: Mr. Ashutosh Ranjan Pandey, Advocate ----------- 03 04.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks the relief for construction of a road under the Pradhanmantri Gramin Sadak Yojana linking his village Agrerkala with Suryapura via Dabaria Rampur road. The submission is that contrary to the approved plan for the same the road is being constructed directly from Suryapura to Agrerkala. Learned counsel for the State from the counter affidavit submits that the scheme is in two parts. The first part links village Suryapura to Agrerkala on a length of 08 Kilometers. Additionally Suryapura is linked to Agrerkala via Dabaria Rampur on a length of 02 Kilometers. Construction of roads is primarily a matter of 2 executive policy for which the State Government is the competent authority. Alignments of the road etc. are also matters for the executive to decide. The Court cannot take over executive function to decide alignment of roads. If the grievance of the petitioner had been that his village was being ignored for the construction of roads, the matter may have been entirely different. Such is not the case presently. In view of the statement made in the counter affidavit, there is no occasion for the Court to adjudicate any further. The application stands dismissed. P.K ( Navin Sinha, J.)