Azhar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7346 of 2020 ====================================================== Azhar Hussain Son of Md. Akabar Hussain, Resident of Milki Anaith, Ara Police Station-Ara, District-Bhojpur, Ara.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resource Department, Government of Bihar, Patna.

2.

The Principal Secretary, Water Resource Department, Government of Bihar, Patna.

3.

The Chief Engineer, Irrigation Creation, Warer Resource Department, Dehri. 4.

The Executive Engineer, Sone Canal Division, Khagaul, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Adv., Mr. A.K. Ojha, Adv.

For the State :

Mr. Anjani Kumar, AAG-4, Mr. Sanjay Raj, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-06-2023 Heard Mr. Ravindra Kumar Singh and Mr. A.K.

Ojha, learned counsels appearing on behalf of the petitioner and Mr. Anjani Kumar, AAG-4 and Mr. Sanjay Raj, AC to AAG-4, learned counsels appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation taking into account the observation made by this Court vide order dated 25.09.2020 and subsequently vide order dated 19.09.2022, passed in C.W.J.C. No. 11595 of 2018, with respect to similarly situated employee namely Rajesh Kumar Sharma and other orders passed by the different Benches of this Court.

Patna High Court CWJC No.7346 of 2020(13) dt.19-06-2023 2/2

3. Considering the limited relief sought by on behalf of the petitioner, it would be in the interest of justice without going into the merits of the case and entering into disputed questions of fact this Court directs the authority concerned to consider the representation of the petitioner and dispose it of considering the law as led down by this Court as well as by the Apex Court by passing a reasoned order after giving proper opportunity of hearing to the petitioner to place before the concerned authority the relevant evidence and the Judgment passed by this Court as well as law settled by the Apex Court, within a period of three weeks from the date of filing of the representation.

4. With the aforesaid direction the present writ petition stands disposed of.

(Purnendu Singh, J) pravinkumar/- U