IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4423 of 2008 NARENDRA PRASAD PAL Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Dr. Shashi S.Kishore, Advocate. For the respondents : Mr.P.Tekrival, G.A.-1 ----- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Barin Ghosh Dated, the 11th July, 2008. The petitioner has prayed for the following reliefs: (i) That this application is in the nature of Public Interest Litigation and is being filed for restricting the respondents in the matter of prescribed route of ‘Tirmuhan to Kursela’ Ring ‘Bandh’ (Ring Embankment) related to River Koshi over the very fertile land and residential area of the poor public at large of Gram Panchayat Sadhawa & Gram Panchayat, Madrauni & related villages of Govindpur-Kaushali Mauza & Thana No.89 of Block Rangara, Naugachchia, Bhagalpur. (ii) To direct the respondent authority to construct the said ring embankment upon the ‘Jamindari Bandh’ & on the non-utilized barran land of Railway by little expenses only. (iii) To restraint the respondent authority to cut & get the soil of the most fertile land of Govindpur Kashauli Mauza and Thana No.89 because due to that the standing crop of maize and wheat will be ruined and create heavy loss to the cultivator. In view of the fact that a large number of multi crop agricultural land as well as standing crop is going to be destroyed due to the prescribed wrong - 2 - route of ‘Ring embankment’ forwarded by the respondent, in spite of several alternatives are there to protect such a great loss by changing the way & directions only. It is further relevant to state here that the petitioner and public at large are interested for embankment over the Koshi river upon the old ‘Jamindari Bandh’ and non-utilized Railway land and for that the Govt. can save the huge amount because by that means the public at large are still enjoying safe since a long 50 to 60 years.” 2. No material has been placed on record by the petitioner that can reasonably lead us to hold that the decision taken by the authorities with regard to ‘Ring Bandh’ (Tirmuhan to Kursela) suffers from any technical flaw. 3. This Court while sitting in writ jurisdiction is not in a position to review an administrative decision based on technical aspects without there being material showing otherwise. 4. Writ petition is dismissed in limine. R.M. Lodha, CJ Barin Ghosh, J. Sunil