Patna High CourtL.P.A/2023/2015dismissed

Chandradeo Prasad v. The State Of Bihar And ORS

2017-01-30The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2023 of 2015 IN Civil Writ Jurisdiction Case No. 16447 of 2007 =========================================================== Chandradeo Prasad Son of Late Gopal Prasad resident of Mohalla A/30 Sadhanapuri Road No. 6, P.S. Gardanibagh, District - Patna. .... .... Appellant

Versus

1. The State of Bihar.

2. Secretary, Road Construction Department, Bihar, Patna.

3. Engineer-in-Chief Cum Additional Commissioner-Cum-Special Secretary, Road Construction Department, Bihar, Patna.

4. The Executive Engineer, Road Construction Department Department. Shahabad Patha, Pramandal, Arrah.

5. The Assistant Engineer, Shahabad Patha Pramandal, Arrah. .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Jitendra Pandey, Advocate For the State :

Mr. P.K. Verma, AAG3 Ms. Divya Verma, AC to AAG3 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 30-01-2017 I.A. No.9005 of 2015, which is for condonation of 36 days is allowed for the reasons indicated therein.

2. The matter is thereafter taken up on merit.

3. The appeal is against the order dated 20.02.2015, passed in CWJC No.16447 of 2007 wherein the writ application of the petitioner was dismissed by the learned Single Judge on the ground that the claim for payment of a sum of Rs.43,000/- for departmental work done by the petitioner in the year 1988 has been rejected.

4. From the reading of the learned Single Judge's order,

Patna High Court LPA No.2023 of 2015 dt.30-01-2017 2 / 2 it seems that the matter was considered by the Liability Committee and it negated the claim of the petitioner-cum-appellant for such claim vide order dated 03.04.2008 and the said order was also affirmed by the Engineer-in-Chief vide letter dated 24.07.2008.

5. With the concurrent finding of the said kind, the disputed facts of settlement of claims cannot be looked into under Article 226 of the Constitution of India.

6. The learned Single Judge has committed no wrong. Appeal is dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.01.2017 Transmission Date NA