Sri Munni Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4011 of 2017 ====================================================== Sri Munni Singh Son of Late Sudhan Singh resident of Village - Chhanaha, P.O. - Bishunpur, Via - Rajpur, P.S. - Nokha, District - Rohtas, State - Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Secretary, Water Resources Department, Govt. of Bihar, Patna. 4.

The Under Secretary, Water Resources Department, Govt. of Bihar, Patna. 5.

The Chief Engineer, Water Resources Department, Govt. of Bihar, Patna. 6.

The State of Jharkhand through the Chief Secretary. 7.

The Chief Secretary, Govt. of Jharkhand, Ranchi. 8.

The Secretary, Water Resources Department, Govt. of Jharkhand, Ranchi. 9.

The Under Secretary Management, Water Resources Department, Govt. of Jharkhand, Ranchi.

10.

The Chief Engineer Mechanical Water Resources Department, Govt. of Jharkhand, Ranchi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for directing the respondents to grant the benefit of A.C.P. to the petitioner and pay all the consequential benefits to the petitioner along with the interest @ 12% p.a.

3. Learned Counsel for the petitioner submits that the

Patna High Court CWJC No.4011 of 2017(4) dt.28-02-2025 2/3 petitioner has been affected by Bihar Reorganization Act, 2000 due to cadre division and therefore, he has cause of action to file the writ petition here in the High Court of Judicature at Patna. Counsel submits that he has already added Jharkhand authorities as party respondent nos.6 to 10 in this writ petition who have filed their counter affidavit. Counsel submits that in the said counter affidavit, the petitioner's claim has been accepted and vide Annexure-B & C, the respondent authorities have accepted the demand of grant of A.C.P to the petitioner. Counsel further submits that his client is not in his contact, therefore, he is not in a position to ascertain this Court that whether the benefit which has been accepted by the respondent authorities vide AnnexureB & C, has been paid to the petitioner or not.

4. On principle, it transpires to this Court that petitioner's claim has been accepted by the respondent authorities by virtue of pleadings made in counter affidavit particularly, Annexure-B & C.

5. In this background, this writ petition is hereby disposed off. It is made clear that in case, the respondent authorities have not made payment in the light of their acceptance made in the pleadings in counter affidavit particularly, Annexure-B & C, then in that case, petitioner shall

Patna High Court CWJC No.4011 of 2017(4) dt.28-02-2025 3/3 be at liberty to pursue before the authorities first and then to move before the appropriate forum.

(Dr. Anshuman, J) Divyansh/- U