Ashok Kumar Bhattacharya And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5050 of 2019 ====================================================== 1.

Ashok Kumar Bhattacharya and Ors son of Late Romni Mohan Bhattacharya resident of Munger- Patna Road, Lallu Pokhar, P.S. Kasim Bazar, District- Munger.

2.

Jichhu Mandal son of Late Khaganchi Mandal resident of Village- Sri Rampur, P.O.- Champanagar, P.S. Nathnaagar, District- Bhagalpur. 3.

Lakshmi Narain Singh son of Late Hanslal Singh resident of Back- Side of the High School, Dehri, P.S. Dehri, District- Rohtas. 4.

Deo Raj Singh son of Late Ram Jeewan Singh resident of Datauli, P.S.- Indrapuri, District- Rohtas.

5.

Harihar Prasad son of Bheka Ram resident of Darihat, P.S. Darihat, DistrictRohtas. 6.

Ramesh Sharma son of Late Ram Lakhan Sharma resident of Subhash Nagar, Dalmia Nagar, Gali No. 12, P.S. Dehri, District- Rohtas. 7.

Mithila Nand Sharma son of Late Kameshwar Sharma resident of Birpur (Basantpur), ward no. 2, P.S.- Birpur, District- Supaul. 8.

Surendra Kumar Choudhary son of Late Hari Lal Choudhary resident of Village- Sripur- Sukhashan, P.S. Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

2.

The Deputy Secretary, Water Resources Department Sinchai Bhawan, Patna. 3.

The Under Secretary, Water Resources Department Sinchai Bhawan, Patna. 4.

The Principal Secretary, Finance Department, Bihar, Patna. 5.

The Chief Engineer (Mechanical), Water Resources Department, 70/84 New Punai Chak, Patna.

6.

The Executive Engineer, Field Machinery Division, Barari, Bhagalpur. 7.

The Executive Engineer, Irrigation Mechanical Division, Dehri, DistrictRohtas. 8.

The Executive Engineer, Irrigation Mechanical Division, Birpur, DistrictSupaul. 9.

The Chief Engineer, Water Resources Department, Birpur, District- Supaul. 10.

The Executive Engineer, Eastern Embankment Division No.- 2 Birpur (Supaul).

11.

The Accountant General, Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate

Patna High Court CWJC No.5050 of 2019(3) dt.29-10-2021 2/3 For the Respondent/s :

Mr.Harish Kumar GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2021 I.A. No. 1 of 2021:

Heard Mr. Ajay Kumar, learned counsel for the petitioners and Mr. Harish Kumar, GP-8 learned counsel for the State through video conferencing.

Learned counsel for the petitioners submits that during pendency of this writ application, petitioner No. 1 died on 2.9.2019 and Interlocutory Application for deletion of the name of petitioner No. 1 and substitution of his legal heir has been filed in which the details of legal heir of petitioner No.1 has been mentioned in paragraph 1 of the Interlocutory Application No. 1 of 2020.

In view of the fact that petitioner No. 1 has died on 2.9.2019, the Interlocutory Application No. 1 of 2020 is allowed.

The name of petitioner No. 1 is directed to be deleted and his legal heir i.e. wife be substituted in writ petition namely, Renu Bhattacharjee.

CWJC 5050 2019:

After some argument, learned counsel for the petitioners submits that the petitioners may be directed to file a

Patna High Court CWJC No.5050 of 2019(3) dt.29-10-2021 3/3 detailed representation regarding their claim before the Respondent No. 1 i.e. the Principal Secretary, Water Resources Department.

Mr. Harish Kumar, learned GP-8 for the State has got no objection.

As prayed for by learned counsel for the petitioners, let a detailed representation be filed before the Principal Secretary, Water Resources Department, within a period of four weeks from today. If such a representation is filed by the petitioner, the Respondent No. 1 shall dispose the same within a further period of three months in accordance with law and Rules.

It is made clear that if any amount is found payable to the petitioner, the same shall be paid within a further period of one month from the date of disposal of the representation. With the aforesaid observation and direction, this writ application stands disposed of.

(Anil Kumar Sinha, J) S.Ali/- U