Lalit Prasad Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11797 of 2013 ====================================================== Lalit Prasad Srivastava Son Of Late Sukhdeo Prasad Srivastava @ Sukh Deo Prasad Resident Of Village Dhaneshwari, P.O. Mangalwar Cheraia, Via Chapra Ram Nagar, P.S. Mangalwar Cheraia, District Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, the Government of Bihar, Patna 2.

The State Of Jharkhand, through the Chief Secretary, The Government Of Jharkhand, Ranchi 3.

The Secretary, Water Resources Department, The Government Of Bihar, Patna 4.

The Joint Secretary, Water Resources Department, Government Of Bihar, Patna 5.

The Administrator, Swarnarekha Project Vikash Bhawan, Adityapur, Jamshedpur Jharkhand 6.

The Engineer-In-Chief, Swarnarekha Multipurpose Project, Icha Galudih Complex, Adityapur, Jamshedpur, Jharkhand 7.

The Chief Engineer, Swarnarekha Multipurpose Project, Icha Galudih Complex, Adityapur, Jamshedpur, Jharkhand 8.

The Superintending Engineer, Swarnarekha Multipurpose Project, Barrage Anchal, Galudih, Jamshedpur Jharkhand 9.

The Executive Engineer, Swarnarekha Multipurpose Project Unit, Barrage Anchal, Galudih, Jamshedpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State of Bihar :

Mr. Madhaw Pd. Yadaw, GP-23 Ms. Meera Singh, AC to GP-23 For Respondents 5 to 9 :

Mr. Maruth Nath Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-08-2024 No one appears on behalf of the petitioner.

2. Mr. Madhaw Prasad Yadaw, learned GP-23 along with Ms. Meera Singh, learned AC to GP-23 for the State of Bihar and Mr. Maruth Nath Roy, learned counsel for the

Patna High Court CWJC No.11797 of 2013(3) dt.13-08-2024 2/3 respondents no. 5 to 9 are present.

3. Mr. Maruth Nath Roy, learned counsel appearing on behalf of the respondents no. 5 to 9, referring to paragraph no. 13 of the counter affidavit filed on behalf of respondents no. 5 to 9 submitted that the petitioner, for the same relief, had filed CWJC No. 295 of 1994 (R) before the Ranchi Bench of this Court, i.e. before the reorganization of the State, in which also, he had challenged the letter dated 05.10.1993 and letter dated 03.12.1993, which are also subject matter of the present writ petition. In this regard, he has also relied on paragraphs no. 14 and 15 of the counter affidavit filed on behalf of respondents no. 5 to 9, which are reproduced hereinafter:

"14. That it is submitted that the C.W.J.C. No. 295 of 1994 (R) was dismissed by a Single Bench of the Hon'ble Patna High Court, Ranchi Bench vide order dated 30.01.1995 inter-alia holding that the service of the petitioner has rightly been terminated.

15. That being aggrieved by the aforesaid order dated 30.01.1995 passed in C.W.J.C. No. 295 of 1994 (R), the petitioner challenged the same in L.P.A. No. 48 of 1995 (R) which was also dismissed vide order dated 01.07.2002 whereby the Hon'ble Division Bench refused to interfere with the order dated 30.01.1995 of the Hon'ble Single Bench."

4. Considering the above information contained in counter affidavit filed on behalf of respondents no. 5 to 9, I don't find any merit in the present writ petition. However, this Court makes it clear that today, no one has tendered appearance on behalf of the petitioner, otherwise, this Court would have

Patna High Court CWJC No.11797 of 2013(3) dt.13-08-2024 3/3 proceed to impose cost to be paid from the pocket of the learned counsel for having suppressed the vital fact from the Court.

5. Accordingly, the present writ petition is dismissed. (Purnendu Singh, J) Niraj/- U