IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9866 of 2009 M/S SHIO NARAYAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 20.8.2009 The petitioner was awarded contract of work under agreement no.49 F2 of 2006-07 for improvement of Kargahar Riwa Road covering distance of 14.30 Kms. When the petitioner started its work, it faced two difficulties; one was an objection from the Executive Engineer, Irrigation Department who instructed the petitioner to obtain No Objection Certificate from the department of Irrigation before constructing bridge over the canal. The second hurdle was faced from the villagers who had in fact encroached upon on the portion of the road and had built houses over the same. Annexure-10 substantially confirms the hurdles faced by the petitioner from the Irrigation Department. The Executive Engineer, Rural Works Department vide his memo no.726 dated 16.5.2009 addressed to the Executive Engineer, Dehri Division (Sone Canal), Dehri-on-sone, for according necessary sanction for construction of bridge over the canal. Annexure-11 also contains a letter no.679 dated 30.4.2009 issued by the Executive Engineer, Rural Works Department, Sasaram addressed to some of the villagers with a copy to the District Magistrate, Rohtas and other officials of the district for removing the encroachment. In view of the aforesaid hurdles the petitioner has made a prayer to direct the respondents to cancel the aforesaid agreement of Kargahar Riwa Road and after verification to pay the bill of the works - 2 - KHAN done. Having heard learned counsel for the parties, this writ petition is disposed of with a direction to the petitioner to file a representation before the Engineer-in-Chief, R.E.O., Bihar, Patna, Respondent no.3, who in turn will dispose of the same taking into consideration both Annexures-10 and 11 issued by the Executive Engineer, Rural Works Department, Sasaram within a period of six weeks from the date of receipt/production of a copy of this order. (S.P.Singh,J)