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Patna High CourtCWJC/20047/2018disposal with observation

Jitendra Thakur And ORS v. The State Of Bihar And ORS

2018-10-26Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20047 of 2018 ===========================================================

1. Jitendra Thakur son of Late Dhaneshwar Thakur, resident of village and PostKanta, Police Station-Gaighat, District-Muzaffarpur, posted as Panchayat Secretary at Minapur Block, District-Muazaffarpur.

2. Shio Kumar Singh son of Late Jagdeo Singh, resident of village-Jarandih, PostJaran Deodhi, Police Station-Gaighat, District-Muzaffarpur, posted as Panchayat Secretary at Katra Block, District-Muzaffarpur at present Muradpur Dullah Post Bhikhanpur Shahbazpur Salem B. Factory, Musahri, Muzaffarpur, District-Muzaffarpur.

3. Shailendra Kumar Singh son of Late Asharfi Singh, resident of villageMakrandpur, Post-Laxman Nagar, Police Station-Gaighat, DistrictMuzaffarpur, posted as Panchayat Secretary at Minapur, Block, DistrictMuzaffarpur.

4. Ravinath Prasad Yadav, son of Bali Ram Rai, resident of Village- Rajwara Bhagwan, Post-Mushahari Farm, Police Station-Mushahari, DistrictMuzaffarpur, posted as Panchayat Secretary at Kudhani Block, DistrictMuzaffarpur.

5. Ram Chhabila Singh son of Late Yogendra Singh, resident of village-Sapahi, Post-Narayanpur Sapahi, Police Station-Sakra, District-Muzaffarpur, posted as Panchayat Secretary at Katra Block, District-Muzaffarpur.

6. Amalesh Chaudhari son of Sri Soman Chaudhari, resident of village+ PostKhangura Dih, Police Station-Katra, District-Muzaffarpur, posted as Panchayat Secretary at Kudhani Block, District-Muzaffarpur.

7. Akhileshwar Prasad Yadav son of Late Ram Bilash Yadav, resident of villageSusta, Post-Susta Top, Police Station-Gaighat, District-Muzaffarpur, posted as Panchayat Secretary at Sakra, Block, District-Muzaffarpur.

8. Nur Mohammad son of Late Saudagar Mian, resident of village-Mor Nifs, PostMor Nifs, Police Station-Turki, District-Muzaffarpur, posted as Panchayat Secretary at Paroo Block, District-Muzaffarpur.

9. Krishna Nandan Sahani son of late Deo Nandan Sahni, resident of villageKaramchand Balra (Tole Karampura), Post-Karamchand Balra, Police Station - Kudhni, District - Muzaffarpur, posted as Panchayat Secretary at Saraiya Block, District- Muzaffarpur.

10. Ranjit Prasad Yadav, son of Rameshwar Prasad Yadav, resident of villageKarnaul Chaturbhuj, Police Station-Sahebganj, District-Muzaffarpur, posted as Panchayat Secretary at Paroo Block, District-Muzaffarpur.

11. Bishundeo Rai son of Deo Nandan Rai, resident of village-Ufaraul, PostKolhua, Police Station-Saraiya, District-Muzaffarpur, posted as Panchayat Secretary at Kudhni Block, District-Muzaffarpur.

12. Bipin Kumar son of Shyam Nandan Prasad, resident of village and PostBhagwanpur, Police Station-Kudhni, District-Muzaffarpur, posted as Panchayat Secretary at Mushahari Block, District - Muzaffarpur.

13. Dinesh Kumar Singh son of Rameshish Singh, resident of village and PostKamtaul Anant, Police Station- Kudhni, District-Muzaffarpur, posted as Panchayat Secretary at Motipur Block, District-Muzaffarpur.

14. Sudhi Ranjan Kumar son of Shyam Kumar Singh, resident of village and PostFular, Police Station-Paroo, District-Muzaffarpur, posted as Panchayat Secretary at Kudhani Block, District-Muzaffarpur.

15. Parash Nath Sah son of Sukul Sah, resident of village and Post-Dhamaul Ram

Patna High Court CWJC No.20047 of 2018 dt.26-10-2018 Nath, Police Station-Kanti, District-Muzaffarpur, posted as Panchayat Secretary at Motipur Block, District-Muzaffarpur.

16. Sudishta Rai son of Late Ram Bilash Rai, resident of village-Turki, Barpurwa, Post-Turki, Police Station - Kudhni, District-Muzaffarpur, posted as Panchayat Secretary at Mushahari Block, District-Muzaffarpur.

17. Badri Rai son of Ram Bhajan Rai, resident of village and Post-Kanhauli Bishundev (Tola Mohan Sahni), Police Station-Mithanpura, DistrictMuzaffarpur, posted as Panchayat Secretary at Muraul Block, DistrictMuzaffarpur.

18. Ram Naresh Sahani son of Kamaldeo Sahni, resident of village Ward no.3, Nawalpur Bishunpur Kalyanm, Post-Bishunpur Kalyan, Police StationBrahampura, District-Muzaffarpur, posted as Panchayat Secretary at Motipur Block, District-Muzaffarpur.

19. Shio Shankar Prasad son of Late Muneshwar Prasad, resident of village-Godhni Post-Sonbarsha Dih, Police Station-Maniari, District-Muzaffarpur, posted as Panchayat Secretary at Minapur Block, District-Muzaffarpur.

20. Ashok Kumar son of Shivji Rai, resident of village-Gosaraipur, Tengraha, PostKharhar, Police Station-Meenapur, District-Muzaffarpur, posted as Panchayat Secretary at Mushahari Block, District-Muzaffarpur.

21. Pankaj Kumar Purushottam son of Surendra Prasad Singh, resident of villageBariarpur @ Karpur, District-Muzaffarpur, posted as Panchayat Secretary at Kanti Block, Districtr-Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar.

2. The District Magistrate, Muzaffarpur.

3. The District Panchayat Officer, Muzaffarpur.

4. The District Accounts Officer, Muzaffarpur.

5. The Block Development Officer, Meenapur, District-Muzaffarpur.

6. The Block Development Officer, Katra, District Muzaffarpur.

7. The Block Development Officer, Kudhni, District-Muzaffarpur.

8. The Block Development Officer, Sakra, District-Muzaffarpur.

9. The Block Development Officer, Paroo, District-Muzaffarpur.

10. The Block Development Officer, Saraiya, District-Muzaffarpur.

11. The Block Development Officer, Mushahari, District-Muzaffarpur.

12. The Block Development Officer, Motipur, District-Muzaffarpur.

13. The Block Development Officer, Muraul, District-Muzaffarpur.

14. The Block Development Officer, Kanti, District-Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Respondent/s : Mr. Kameshwar Pd.Gupta -GP10 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-10-2018 Heard learned counsel for the petitioners and learned counsel

Patna High Court CWJC No.20047 of 2018 dt.26-10-2018 for the State.

Learned counsel for the petitioners submits that the facts of the present case are identical to the case of C.W.J.C. No. 5850 of 2017 (Shyam Dutt Sharma Vs. The State of Bihar & Ors.), the aforesaid order squarely covers the issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of petitioners and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioners.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA