Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9852 of 2020 ====================================================== Sanjay Kumar, male, aged about 43 years Son of Ram Yash Ray Resident of Village/Mohallah- East Gate, Jain College Ara, P.O.- Ara (Nawadah), P.O.- Ara, District- Bhojpur at Ara (Bihar), Pin Code- 802301. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Minor Irrigation Department, Government of Bihar, Patna.

2.

The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna.

3.

The Superintending Engineer, Minor Irrigation Department, Patna. 4.

The Executive Engineer, Minor Irrigation Division, Patna (Bihar). ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Advocate For the Respondent/s :

Mr. Ajeet Kumar, GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 17-12-2021 By an order dated 16.11.2021, the State respondents were allowed four weeks time to file counter affidavit. Counter affidavit has not been filed. Learned counsel representing the State of Bihar seeks further time to file counter affidavit. Learned counsel appearing on behalf of the petitioner has submitted that this writ application may be disposed of with a direction to the Respondent no.4 to consider the petitioner's claim for payment of remaining dues to the tune of Rs. 5,84,594/- (Rupees Five Lakhs Eighty Four Thousand Five

Patna High Court CWJC No.9852 of 2020(3) dt.17-12-2021 2/2 Hundred Ninety Four only) in respect of which he has filed a representation.

Considering the facts and circumstances and submissions made on behalf of the parties, this application is disposed of with a direction to the Executive Engineer, Minor Irrigation Division, Patna (Bihar) (Respondent no.4) to consider the petitioner's claim and take a decision within two months from the date of receipt/production of a copy of this order. If the petitioner is found entitled to payment of any amount, the same must be paid within one month thereafter. The petitioner shall be at liberty to file a fresh representation enclosing a copy of this order before the Respondent No.4 for the purpose of compliance of the present order.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U