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Patna High CourtCWJC/3475/2020disposed

Ashutosh Kumar Sinha v. The State Of Bihar

2024-03-15Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3475 of 2020 ====================================================== 1.1. Pushplata Sinha, Widow of Late Ashutosh Kr. Sinha, x 1.2. Nirmal Kumar, son of Late Ashutosh Kr. Sinha, x 1.3. Samrendra Krishna Sinha, son of Late Ashutosh Kr. Sinha, x ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chief Engineer, Irrigation Department, Kalambagh, Muzaffarpur. 3.

The Executive Engineer, Tirhut Canal Division, Saraiyan Gandakn Project , Muzaffarpur.

4.

The Secretary, Irrigation Department, Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Srivastava, Adv.

For the Respondent/s :

Mr.Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-03-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. From the pleadings of the parties, it transpires to this Court that the State has taken two pleas for rejection of the claim of the petitioners that the writ petition has been filed after lapse of 17 years of petitioners' father superannuation and secondly that petitioners' father has not passed the drafting examination held on 07.12.1969, but the petitioners by way of reply to the counter-affidavit, have annexed letter No.1658/G dated 14.02.1970 communicated to all concerned officers through Memo No.609 dated 18.03.1970 (as contained in

Patna High Court CWJC No.3475 of 2020(4) dt.15-03-2024 2/2 Annexure P/1) by which it transpires that the petitioners' father had passed the said examination conducted on 07.12.1969.

3. In this background, this writ petition stands disposed off directing the respondent No.3 to consider the claim of the petitioners' father and decide the matter in accordance with law within 90 days from the date of production of the order.

4. With the aforesaid direction, the present writ application is hereby disposed off.

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