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Patna High CourtCWJC/24354/2018disposed

Pramod Kumar And ORS v. The State Of Bihar And ORS

2020-09-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24354 of 2018 ====================================================== 1.

Pramod Kumar, Son of Late Girjanandan Singh Resident of VillageMohiuddinpur, P.S.- Fatuha, District- Patna 2.

Vijay Kumar Jha Son of Late Ramakant Jha Resident of Village- Mujauna, P.S.- Wani, District- Samastipur 3.

Sudip Kumar Dinkar Son of Late Shambhu Prasad Sharma Resident of Village- Bishwambharpur, P.S.- Bikram, District- Patna 4.

Ajay Kumar Son of Late Ram Niwas Sharma Resident of Village- Chatar, P.S.- Kako, District- Jehanabad 5.

Raj Narayan Rai Son of Late Vishundeo Rai Resident of Village- Panjari, P.S.- Dinara, District- Rohtash 6.

Prem Kumar Mishra Son of Late Indra Narayan Mishra Resident of VillageMangarpatti, P.S.- Raj Nagar, District- Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Main Secretariat, Patna 2.

Principal Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna 3.

Principal Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna 4.

Chief Engineer (Mechanical), Water Resources Department, Government of Bihar, Flat No.- 70/84 new Punaichak, Patna- 23 5.

Executive Engineer (Mechanical) Irrigation Mechanical Design Division Water Resources Department, Barack No.4, Harding Road, Patna- 800001 6.

Chief Engineer, Flood Control and Water Sewerage Water Resources Department, Samastipur 7.

Superintending Engineer, Flood Control Circle, Darbhanga 8.

Executive Engineer, Flood Control Division No.2, Water Resources Department, Jhanjharpur (Madhubani) 9.

Executive Engineer, (Mechanical) Irrigation Mechanical Monitoring and Disposal Division, Water Resources Department, Flat No.- 70/84 new Punai Chak, Patna- 23 10.

Superintending Engineer, Irrigation Electrical-cum-Mechanical Circle Barrack No.4, Harding Road, Patna-1 11.

Executive Engineer (Mechanical) Irrigation Electrical-cum-Mechanical Division, Water Resources Department, Balmi (Patna) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kumar Thakur, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

Patna High Court CWJC No.24354 of 2018(2) dt.21-09-2020 2/2 21-09-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In the present case, the petitioners are claiming that their case is squarely covered by the judgment and order dated 11.03.2011 passed in C.W.J.C. No. 15956 of 2006 (Umesh Prasad and Ors. Vs. The State of Bihar & Ors.). In such view of the matter, let the concerned respondent authority examine the case of the present petitioners vis-a-vis the case of the petitioners of C.W.J.C. No. 15956 of 2006 (Umesh Prasad and Ors. Vs. The State of Bihar & Ors.) and if it is found that the facts, prayer and law of cases are identical, in such circumstance, the present petitioners will be given the same benefit as has been given to the petitioners of C.W.J.C. No. 15956 of 2006 within a period of eight weeks from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

However, it is made clear that this Court has not formed any opinion on the merit of the case.

(Shivaji Pandey, J) V.K.Pandey/- U