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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.592 of 2019 In Civil Writ Jurisdiction Case No.7338 of 2015 ====================================================== 1.

Ashwani Kumar, Son of Kailash Yadav, Resident of Village- Kharmanchak, P.S- Kotwali, District- Bhagalpur.

2.

Sujit Kumar @ Sujeet Kumar, Son of Sri Jai Prakash Singh @ Jay Prakash Yadav, Resident of Village- Bari Khanjharpur, P.S.- Barari, DistrictBhagalpur. 3.

Babar Ali @ Md Babar Ali, Son of Late Asgar Ali, Resident of VillageMayaganj, Mustafapur, P.S. Barari, District- Bhagalpur. 4.

Ram Pravesh Ravidas, Son of Sri Jatar Ravidas @ Tetar Ravidas, Resident of Village- Kavra, Keora, P.S.- Punpun, District- Patna. 5.

Kamleshwari Prasad Yadav, Son of Late Subak Lal Yadav, Resident of Village- Rajawar, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna namely Jitendra Srivastava.

2.

The Engineer in Chief Department of Public Health and Engineering Department, Government of Bihar, Patna namely Satish Chandra Mishra. 3.

The Chief Engineer (Head Quarter), Department of Public Health and Engineering Department, Government of Bihar, Patna, Namely Munish Chandra Jha.

4.

The Superintending Engineer (Mechanical) Public Health and Engineering Department, Circle Officer, Bhagalpur, District Bhagalpur namely Sunil Kumar.

5.

The Executive Engineer (Mechanical) Pubic Health and Engineering Department, Division office, Bhagalpur, District- Bhagalpur. 6.

The Executive Engineer (Mechanical), Public Health and Engineering Department, Divison office, Munger, District- Munger, namely Sukhdeo Uraon.

7.

The Assistant Engineer (Mechanical), Public Health and Engineering Department, Sub Division- Banka, District- Banka namely Manish Chandra Priyadarsi.

8.

The Assistant Engineer (Mechanical) Public Health and Engineering Department, Sub Division- Bhagalpur, District- Bhagalpur namely Pradeep Kumar.

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Opposite Party/s :

Mr. S. Raza Ahmad (AAG-5)

Patna High Court MJC No.592 of 2019(6) dt.15-03-2023 2/2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-03-2023 The authorities have filed a supplementary showcause placing on record the reasoned order dated 16.11.2019. Learned counsel for the petitioners submits that the order is not in accordance with law. He submits that it is not in compliance with the settled legal position arising out of case of Ashok Kumar Sharma v. the State of Bihar reported in 2016

(1) PLJR (HC) 232 and that the petitioner may assail the same by way of appropriate proceedings.

With liberty, the application is disposed of. (Madhuresh Prasad, J) SUMIT/- U