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Patna High CourtCWJC/11964/2014disposed

Gaya Rai v. The State Of Bihar And ORS

2019-03-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11964 of 2014 ====================================================== Gaya Rai Son of Late Manager Rai Resident of Village- Barariha, P.O.- Bithaha, P.S.- thakraha, Bithaha District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Chief Engineer, Water Resources Department, Siwan. 4.

The Superintending Engineer, Flood Control Circle, Water Resources Department, Gopalganj.

5.

The Executive Engineer, Flood Control Division, Thakraha, Gopalganj. 6.

The Executive Engineer, Water Drainage Division, Gopalganj, Gandak Project Gopalganj.

7.

The Executive Engineer, Water Resources Department, Siwan. 8.

The Sub Divisional Officer, Flood Control Sub division, Thakraha, Gopalganj.

9.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwanath Prasad, Advocate For the Respondent/s :

Mr.Birju Prasad, GP 13 Mr. Anmiol Kumar, J.C. to GP 13 Mr. Ajit Anand, J.C. to GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 11-03-2019 The admitted position is that the issue raised in the instant writ petition stands decided by a Full Bench of this Court in the case of Mobina Khatoon Vs. The State of Bihar and Ors. in the proceedings arising out of LPA No 166 of 2018. In view of the aforesaid position, writ petition is disposed of with liberty to the petitioner to stake his claim relying upon the said judgment before the respondent no. 3. The petitioner

Patna High Court CWJC No.11964 of 2014 dt.11-03-2019 2/2 should submit his claim within four weeks. In the event the same is done, claim of the petitioner should be decided in light of the law expressed in the said decision by the Full Bench within a period of eight weeks thereafter.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date