Jawahar Lal Malakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1929 of 2019 ====================================================== Jawahar Lal Malakar, S/o Jageshwar Malakar, Ward No-13 Kuraha, P.SSabehpur Kamal, District- Begusarai, Bihar presenting working as Tube Well Khalasi/ Keyman -Cum- Chaukidar, PH Division, Dhaka, District- East Champaran, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Public Health Engineering Department, Viswaiswaraiya Bhawan, Govt. of Bihar ,Baily Road, Patna 2.

Principal Secretary, Public Health Engineering Department Viswsiswariya Bhawan, Govt. of Bihar, Baily Road, Patna 3.

Engineer-in-Chief, Public Health Engineering Department Viswsiswariya Bhawan, Govt. of Bihar, Bailey Road, Patna 4.

Chief Engineer (M). PHED, Viswsiswariya Bhawan, Govt. of Bihar, Bailey Road, Patna 5.

Chief Engineer, Muzaffarpur Region, PHED, Muzaffarpur 6.

Superintending Engineer, PH Circle, Motihari 7.

Executive Engineer, PH Division, Dhaka, East Champaran, Motihari 8.

Sub Divisional Officer, PH Sub Division, Chhauradano, East Champaran at Motihari Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-10-2024 None appears on behalf of the petitioner.

2. Mr. Vishwambhar Prasad, learned counsel for the State is present.

3. Mr. Yashraj Bardhan, who had been earlier appearing in this case has submitted at the Bar that way back in the year 2022, the petitioner has taken no objection from him and, as such, he handed over the brief to his client. However,

Patna High Court CWJC No.1929 of 2019(4) dt.24-10-2024 2/2 since his name appears in the daily cause list, he ensures his appearance and informs the afore-noted facts.

4. Though, on the last occasion, submission of the learned counsel for the State was recorded that the claim of the petitioner raised in the present matter stood settled by the learned Division Bench of this Court in L.P.A. No. 185 of 2018, which has later on duly been affirmed by the Hon'ble Apex Court and, in view thereof, now the matter has become infructuous.

5. Be that as it may, considering the fact that there is no representation on behalf of the petitioner, it would not proper to pass order on the merit(s) of the case. Accordingly, the writ petition stands dismissed for non-prosecution. (Harish Kumar, J) rohit/- U