IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No. 12848 of 2010
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Ram Bilash Prasad s/o late Jethan Mahto, r/o Mohalla - Mithapur, P.s.
Jakanpur, Patna ................ Petitioner
Versus
1. The State Of Bihar through the Chief Secretary, Govt. of Bihar,
Patna
2. The Chief Secretary, Govt. of Bihar, Patna
3. The Principal Secretary, Building Construction Department, Govt.
of Bihar, Patna
4. The Principal Secretary, Urban Development Department, Govt. of
Bihar, Patna
5. The Principal Secretary, Public Health Engineering Department,
Govt. of Bihar, Patna
6. The Principal Secretary, Energy Department, Govt. of Bihar, Patna
7. The Chairman, Bihar State Electricity Board, Patna
8. The Municipal Commissioner, Patna Municipal Corporation, Bihat,
Patna
9. The Executive Engineer, Patliputra Building Construction
Division, Building Construction Department, Govt. of Bihar, Patna
....................... Respondents
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APPEARANCE
For the Petitioners : Mr. Hari Narayan Singh, Advocate
For the State : Mr. Prabhat Kr. Singh, S.C. XXI
For the B.S.E. Board: Mr. Vinay Kirti Singh, Advocate
For the P.M.C. : Mr. Bishwa Bibhuti Kr. Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 10/8/2010 This petition under Article 226 of the
Constitution is brought by one Ram Bilash Prasad. He
claims to be the Secretary of Public Grievance Cell, an
unrecognized organization. The grievance of the
2
petitioner is in respect of certain roads in the city of
Patna which have fallen in disrepair.
First, the petitioner has no legal existence. A
petition by an unrecognized organization even in public
interest is not maintainable. Second, it is the
administrative duty, rather it is the administrative
function of the Municipal Corporation to maintain
roads, drainages etc. A public interest litigation for
repair of a particular road need not be entertained.
The petition is dismissed in limine.
( R. M. Doshit,CJ.)
( Jyoti Saran, J.)
Neyaz/