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Patna High CourtCWJC/4000/2020disposed

Satyadeo Narayan Verma v. The State Of Bihar

2024-02-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4000 of 2020 ====================================================== Satyadeo Narayan Verma, Son of Balram Prasad Resident of A.G. Colony, P.S.- Phulwari, District- Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Superintending Engineer National Highways, Quality and Control, Circle-1, Road Construction Department, Government of Bihar, Patna. 3.

The District Accounts Officer Patna.

4.

The Treasury Officer Secretariat Treasury, Vishwaisharya Bhawan, Patna. 5.

The Accountant General Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prince Kumar Mishra, Adv.

For the Respondent/s :

Mr. Chitranjan Sinha (PAAG-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the office order contained in Memo No.02 dated 07.01.2020 (annexed as Annexure-P/4) and Memo no.279 dated 16.10.2019 (annexed as Annexure-P/3), both issued by the Superintending Engineer, National Highways, Quality and Control, Circle-1, Road Construction Department, Government of Bihar, Patna.

3. Learned counsel for the petitioner submits that his case is squarely covered through case of State of Punjab Vs. Rafiq Masih reported in 2015(4) SCC 334.

Patna High Court CWJC No.4000 of 2020(3) dt.09-02-2024 2/2

4. Learned counsel for the State submits that the writ petition may be disposed off in the light of Rule 4.C(1) of the Bihar State Litigation Policy, 2011 and the directions may be given to the State authorities to decide the case of the petitioner afresh.

5. In this view of the matter, this writ petition is hereby disposed off directing the petitioner to file representation before the Principal Secretary, Government of Bihar, Patna under Rule 4.C(1) of the Bihar State Litigation Policy, 2011 and the Principal Secretary, Government of Bihar, Patna is directed to dispose off the petitioner's representation considering also the case of State of Punjab Vs. Rafiq Masih (Supra). He will pass a reasoned and speaking order in this matter within 90 days from the date of production of this order.

6. It is made clear that the Court has not applied its mind on the merits of this case.

(Dr. Anshuman, J.) Divyansh/- U