Bijoy Prasad Gupta v. The State Of Bihar And ORS

Patna High Court LPA No.904 of 2015 (2) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.904 of 2015 In Civil Writ Jurisdiction Case No. 5830 of 2008 ====================================================== Bijoy Prasad Gupta aged about 71 Years, son of Late Deonarain Prasad Gupta resident of Birpur, P.S.- Birpur, District- Supaul. ... .... Appellant

Versus

1. The State of Bihar through commissioner-cum- Secretary, Water Resources Department, Sinchai Bhawan, Patna.

2. The Under Secretary to Govt. Water Resources Department, Bihar, Sinchai Bhawan, Patna.

3. The Chief Engineer, Water Resources Department, Birpur, DistrictSupaul.

4. The Superintending Engineer, Barrage Circle, Birpur, District, Supaul.

5. The Executive Engineer, Western Embankment Division, Kunauli at Birpur.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Kundan Bhadur Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 2.

28-07-2017 There was valid reason for dismissal of the appeal, for the reason that since the petitioner admittedly retired on 31.05.2003 but never raised any grievance with regard to any of the reliefs which he prayed for in the writ application for almost five years after his retirement. Looking at the time frame to which those declarations relate to and are prayed for, dismissal of the writ application was the only option left.

The Letters Patent Appeal stands dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- U