Suresh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1244 of 2013 IN Civil Writ Jurisdiction Case No. 8060 of 2006 =========================================================== Suresh Prasad S/O Late Bihari Mahto Resident Of Village- Astakharjama, Post Office- Asta, Police Station- Tharthari, District- Nalanda. .... .... Appellant

Versus

1. The State of Bihar

2. The Chief Engineer (South), Bihar Patna, Department of Minor Irrigation (State Tube-Well)

3. The Superintending Engineer, Patna Circle, Department of Minor Irrigation, Patna.

4. The Executive Engineer, Tube-Well Division, Munger.

5. The Sub-Divisional Officer, State Tube-Well, Sheikhpura. .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Ram Naresh Sharma, Advocate Mr. Ram Narayan, Advocate For the State :

Mr. Gyan Prakash Ojha, G.A.7 Mr. Uday Shankar Pandey, A.C. to G.A.7 Mrs. Priya Gupta, A.C. to G.A.7 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 04-02-2017 Heard counsel for the appellant and counsel for the respondents.

2. There is nothing to interfere with the order dated 14.08.2013, passed by the learned Single Judge in the facts and materials with regard to the relief in relation to so called absorption and working of the appellant. If the pleadings and evidence are not unequivocal, no Writ Court can pass an order in favour of the petitioner merely because he has chosen to invoke the jurisdiction of

Patna High Court LPA No.1244 of 2013 dt.04-02-2017 2 / 2 the Writ Court.

3. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.02.2017 Transmission Date NA