Deonath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.448 of 2024 In Civil Writ Jurisdiction Case No.4160 of 2023 ====================================================== Deonath Prasad son of Shiv Narayan Choudhary, Resident of VillageKanchanpur, P.O.- Rajasan, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through the Chief Secretary namely Sri Amir Subhani, Government of Bihar, New Secretariat, Patna.

2.

Sri Chaitanya Prasad, the Principal Secretary, Water Resource Department, Government of Bihar, Patna.

3.

Dr. Dilip Kumar, the Chief Engineer (Mechanical), Water Resource Department, Government of Bihar, Patna.

4.

Sri Ashok Kumar Ranjan, the Chief Engineer, Water Resource Department, Samastipur.

5.

Sri Raj Kumar, the Accountant General, Veerchand Patel Path, Bihar, Patna. 6.

Om Prakash Singh, Engineer-in-Chief, Headquarter, Water Resource Department, Government of Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the State :

Mr. Vinay Kirti Singh, G.A.-2 Mr. Sumant Kumar Singh, A.C. to G.A.-2 For the A.G.

:

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2024 Heard Mr. Kumar Kaushik, learned Counsel for the petitioner and the State.

2. In C.W.J.C. No. 4160 of 2023 on 05.10.2023, the Court passed the following order:- "10. The writ application is, therefore, allowed. The respondents should pass appropriate order in respect of the petitioner's claim for A.C.P. as per his entitlement otherwise; and make

Patna High Court MJC No.448 of 2024(2) dt.05-04-2024 2/2 payment of the financial dues found admissible as a result thereof along with a chart showing calculation of the amount being paid, within three months from the date of receipt/production of a copy of this order."

3. Claiming non-compliance, the present petition.

4. Learned Counsel for the petitioner submits that in a routine manner, order has been passed ignoring the observation of the Writ Court.

5. Learned State Counsel straightway has taken this Court to Annexure-P/4 vide letter no. 902 dated 06.08.2021 issued by the Chief Engineer (Mechanical), Water Resources Department, Bihar, Patna to show that a reasoned order has been passed in the matter and claim has been negated, so far as the ACP/MACP is/are concerned.

6. In that background, it would be appropriate that the petitioner challenges the said order, if he so want.

7. M.J.C. No. 448 of 2024 stands disposed of. (Rajiv Roy, J) Neha/- U