Patna High CourtMJC/6500/2013disposed

Bhagwan Das v. The State Of Bihar And ORS

2015-08-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6500 of 2013 ====================================================== Bhagwan Das Son of Late Bhola Harijan, resident of Flat No. 304, Ram Lochan Vatika Apartment, Mohanpur, Punaichak, P.S. Shastrinagar, Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Commissioner-Cum-Secretary, Department of Water Resources, Govt. of Bihar, Patna.

3. The Joint Secretary, Department of Water Resources, Govt. of Bihar, Patna.

4. The Special Secretary, Department of Water Resources, Govt. of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Mukesh Kumar Singh, Adv.

For the Respondent/s : Mr. Ashok Kumar Dubey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed this application for making necessary correction in the order dated 29th September 2008 passed in CWJC No. 7879 of 2001.

The counsel for the petitioner has pointed out that the prayer of the petitioner was to give the benefit of Superintending Engineer with effect from 27.12.1993 but instead of that it has not wrongly been typed as 11th June 1996 which is the date of the Notification whereby and whereunder his junior, Bhes Narayan Ram was given the benefit of Superintending Engineer with effect from 27th December 1993.

Basically it appears that the case of the petitioner is

Patna High Court MJC No.6500 of 2013 (5) dt.07-08-2015 2/2 dependant on the entitlement of benefit of Superintending Engineer which was given to Bhes Narayan Ram.

The Court has also made it clear in the order that if the date of Superintending Engineer of Bhes Narayan Ram was shifted back certainly, any excess amount paid to him will be recovered. In such view of the matter, this Court feels that order with effect from "11th June 1996" is the typing error in the order dated 29/9/2008, the same is replaced with following: with effect from 27/12/1993 vide Govt. of Bihar Notification dated "11th June 1996".

The order to that extent is modified. Accordingly, MJC No. 6500 of 2013 is disposed of.

(Shivaji Pandey, J) Mahesh/- U