Rajnish Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.463 of 2019 In Civil Writ Jurisdiction Case No.15610 of 2015 ====================================================== Rajnish Thakur Son of Late Buddhilal Thakur, resident of village and Post Achara, Police Station - Phulkaha, District - Araria ... Petitioner

Versus

1.

The State of Bihar through Secretary, Minor Irrigation Department, Government of Bihar, Patna 2.

The Chief Engineer (North), Tubewell Prabhag, Minor Water Resources Department, Muzaffarpur 3.

The Superintendent Engineer, Minor Irrigation Circle, Water Resources Department Saharsa 4.

The Executive Engineer, Tubewell Division, Minor Irrigation Division, Water Resource Department Madhepura 5.

The principal Secretary, Finance Department, Govt. of Bihar Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Parties :

Mr.Ajit Kumar (GA9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

In the order dated 15.1.2019, passed in C.W.J.C.No. 15610 of 2015 this Court had granted liberty to the petitioner to approach the Chief Engineer North, Tubewell Prabhag, Minor Water Resources Department, Muzaffarpur (respondent no.2) by filing a representation.

It is submitted by petitioner's counsel that due to some administrative restructuring/change now the Chief Engineer, Minor Irrigation Department, Bhagalpur is the competent authority to consider his representation.

Patna High Court MJC No.463 of 2019(4) dt.03-04-2019 2/2 Pleadings to this effect have been made in I.A.No. 1 of 2019. The said factual position has not been disputed as the submission has been made in presence of learned counsel for the State after due service of the modification application as well as I.A.No.1/19 on learned counsel for the State, till date there is no denial to the said averment/assertion.

In view of the said submission the interest of justice demands that the order dated 15.1.2019 be modified so that the petitioner may be granted liberty to approach the Chief Engineer, Minor Irrigation Department, Bhagalpur with his representation. The Chief Engineer, Minor Irrigation Department may also be arrayed as party respondent no.6 to the order dated 15.1.2019, passed in C.W.J.C.No. 15610 of 2015. Time granted for consideration in the said order would be accordingly increased to four weeks from today for filing a representation by the petitioner.

With the aforesaid modification in the order dated 15.1.2019, this application is disposed of.

(Madhuresh Prasad, J) Shashi U