The State Of Bihar And ORS v. Md. Pharukh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1811 of 2018 In Civil Writ Jurisdiction Case No.13360 of 2010 ====================================================== 1.

The State Of Bihar and Ors 2.

The Engineer-in-Chief, Public Health Engineering Department, Vishweshriya Bhawan, Patna.

3.

The Chief Engineer Mechanical Public Health Engineering Department, Vishweshriya Bhawan, Patna.

4.

The Superintending Engineer, Public Health Engineering Department, Purnia.

5.

The Executive Engineer, P.H. Division, Araria. ... ... Appellant/s

Versus

1.

Md. Pharukh and Ors Son of Late Md. Sahidul Rahman Resident of VillageMajgama, P.S.-Mahalgaon, District-Araria. 2.

Md. Mahboob Alam Son of Sheikh Ayub Resident of VillageBhagmohabhat, P.S.-Araria, District-Araria. 3.

Md. Kayamuddin Son of Sagiruddin Resident of Village-Chilhanjan, P.S.- Mahalgaon, District-Araria.

4.

Md. Jabadul Haque Son of Abdul Gaffar Resident of Village-Chakar, P.S.- Jokihat, District-Araria.

5.

Chandrakant Jha Son of Late Baidyanath Jha Resident of VillageBhadarshar, P.S.-Jogbani, District-Araria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vishwambhar Prasad Ac To Aag 5 For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 13-09-2024 None appears for the respondents.

2. On 22.07.2024, the following order was passed:- "Learned counsel for the

Patna High Court L.P.A No.1811 of 2018(9) dt.13-09-2024 2/3 appellants on instructions submitted that identical matter was subject matter of LPA No. 185 of 2018 arising out of CWJC No.

1791 of 2008 in which State LPA No. 185 of 2018 was allowed. Further, it is submitted that on 31.07.2023, Hon'ble Supreme Court granted liberty to file review in the order passed in LPA No. 185 of 2018 decided on 20.04.2023.

2. Accordingly, the civil review no.

259 of 2023 was filed and it was dismissed by the Co-ordinate Bench on 15.02.2024.

3.

In view of these later development the present LPA is to be allowed in view of order dated 15.02.2024 passed Civil Review No. 259 of 2023 or not?

In order to give one more opportunity to learned counsel for the respondent/respondents, re-list this matter on 29.07.2024."

3. Thereafter, on 29.07.2024, the following order was passed:- "Learned counsel for the appellant is hereby directed to file second set copy, during the course of the day, failing which the present L.P.A. shall stand dismissed.

2. Relist this matter on 05.08.2024."

4. Further, matter was listed on 05.08.2024, 08.08.2024 and 30.08.2024, at the request for the learned counsel for the respondents, matter is being adjourned. Accordingly, the present LPA No. 1811 of 2018 stands disposed of in terms of order dated 22.07.2024 passed in the present LPA.

5. Pending Interlocutory Application(s), if any, stands

Patna High Court L.P.A No.1811 of 2018(9) dt.13-09-2024 3/3 disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U