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Patna High CourtL.P.A/200/2021dismissed

Md. Sarfaraz Ahmad @ Munna Jee v. The State Of Bihar, Through The District Magistrate,

2022-02-11The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.200 of 2021 In Civil Writ Jurisdiction Case No.8754 of 2020 ====================================================== Md. Sarfaraz Ahmad @ Munna Jee S/o Late Md. Khatib resident of village - Sabalpur, P.S. Didarganj, present p.s. - Nadi thana, district - Patna, pin - 800009.

... ... Appellant/s

Versus

1.

The State of Bihar, through the District Magistrate, Patna. 2.

The District Magistrate cum Collector, Patna. 3.

The Circle Office, Patna Sadar.

4.

The Secretary, PHED, Bihar, Patna.

5.

The Executive Engineer, PHED (West), Patna.

6.

The Executive Engineer, PHED (East), Patna.

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

For the Appellant/s :

Mr.Lakmesh Marvind, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 11-02-2022 Petitioner has prayed for following relief (s) :- "That the aforesaid case is filed for quashing the order dated 1.2.21 passed in CWJC No.8754/2020 whereby Hon'ble Justice Madhuresh Prasad was pleased to dispose of the writ petition directing the Executive Engineer, PHED (West), Patna (respondent no.5) to dispose of the petitioners representation in accordance with law."

Patna High Court L.P.A No.200 of 2021(2) dt.11-02-2022 2/2 We are of the considered view that the impugned order is in the nature of a consent order and the present petition is totally misconceived in law. The petition was disposed of on the statement made by the learned advocate Shri Lakmesh Marvind, who was appearing for the petitioner. As such, the present petition is totally misconceived in law which is dismissed with cost of Rs.5000/-. Cost to be deposited in the Advocates Clerks Welfare Fund. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U