Balaram Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3207 of 2017 ===========================================================

1. Balaram Prasad son of Ram Swarup Prasad resident of village - Gannichak, P.S. Asthawan, District Nalanda.

2. Gautam Mahto Son of Late Bhagwan Mahto resident of village + P.O. - Cheful, P.S. Manjhi, District - Chapra (Saran).

3. Rajendra Prasad Yadav son of Late Badh Prasad resident of Badgaon (Tola Khida Bigha), P.S. Sirdala, District - Nawada.

4. Shiv Nandan Sah son of Late Yugal Sah resident of village - Salkhua, P.O. Kabira, District - Saharsa.

5. Jai Prakash Sinha son of Narayan Mahto resident of village - Korai, P.S. Deepnagar, District - Nalanda.

6. Sona Dhari Singh son of Late Shivjanm Singh resident of village + P.O. Jogta, P.S. Chandi, District - Bhojpur (Ara).

7. Sarju Rajvanshi son of Late Pati Rajvanshi resident of village - Raja Devar, P.S. Akbarpur, District Nalanda.

8. Brijnandan Yadav son of Late Prayag Yadav Resident of village - Kalaunda, P.S. Akbarpur, District - Nawada.

9. Gobind Pathak son of Late Sudharak Pathak resident of village - Bishunpur, P.S. Badhara, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Divisional Commissioner, Gaya Division, Gaya.

4. The Collector, Nawada.

5. The Engineer-in-Chief-cum-Additional Secretary, Rural Works Department No. 1, Government of Bihar, Patna.

6. The Chief Engineer, Rural Works Department No. 1, Government of Bihar, Patna.

7. The Superintending Engineer, Rural Works Department, Work Circle, Gaya.

8. The Executive Engineer, Rural Works Department, Works Division, Nawada. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jagnnath Singh, Adv. For the Respondent/s : Smt. Archana Meenakchee -GP6 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 16-11-2017 Heard learned counsel for the parties.

The grievance of the petitioner is that although their cases for regularization has been recommended by the Superintending

Patna High Court CWJC No.3207 of 2017 dt.16-11-2017 2/2 Engineer, Rural Works Department, Work Circle, Gaya to the District Magistrate, Nawada vide letter dated 19.09.2015 at Annexure- 9 with the reminder on 24.09.2016 at Annexure- 10 but no order was passed by the District Magistrate on the recommendation forcing them to move before this Court.

Having heard learned counsel for the parties and considering that the claim of regulations of these petitioners having been recommended by the Superintending Engineer, Rural Works Department, Works Circle, Gaya remains pending before the District Magistrate, Nawada for the present I deem it proper to direct the District Magistrate, Nawada to consider the claim of the petitioners for regularization in the light of the circulars governing the issue and in view of the recommendation made by the Superintending Engineer present at Annexure- 9 and 10 of the writ petition and which claim be disposed of within a period of 3 months from the date of receipt/production of a copy of this order.

The writ petition is allowed with the directions aforementioned. (Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date01.12.2017 Transmission Date NA