Patna High CourtL.P.A/1298/2016dismissed

Ram Pukar Singh v. The State Of Bihar And ORS

2017-08-21The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1298 of 2016 =========================================================== Ram Pukar Singh, S/o Late Jagdish Singh, Permanent Resident of Village - Rampur (Nerua), P.O. - Mirzapur, P.S. - Navinagar, District - Aurangabad, Bihar, Presently Residing At Village - Bariya Chowk (Adarsh Nagar), P.O. Sudna (Daltenganj), P.S. Medini Nagar, District - Palamu (Jharkhand) .... .... Appellant/s

Versus

1. The State of Bihar, through the Principal Secretary, Water Resources Department, Government of Bihar, Patna

2. The Chief Engineer, Research and Training, Irrigation Research Institute, Khagaul, Patna

3. The Deputy Director, Division -3, Research and Training , Irrigation Research Institute, Khagaul, Patna

4. The State of Jharkhand, through the Secretary, Department of Water Researches, Govt, of Jharkhand at Ranchi

5. The Accountant General, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate For the State of Bihar : Mr. Abdul Kalam, A.C. to AAG-12 For State of Jharkhand : Mr. Arup Kumar Chongdar, Advocate For Accountant General : Mr. Raghwanand. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017 Considering the fact that the order dated 10.09.2014 was passed by the State of Jharkhand withdrawing the earlier A.C.P. granted to the appellant, the learned Writ Court has not committed any error in holding that for interfering with this order passed by the State of Jharkhand withdrawing the A.C.P. granted by the State of Jharkhand, territorial jurisdiction is not available with this Court as

Patna High Court LPA No.1298 of 2016 dt.21-08-2017 2/2 the cause of action arose in the State of Jharkhand. Accordingly, finding no case for interference into the matter, we grant liberty to the appellant to challenge the said order before the State of Jharkhand. Depending upon the outcome of the said challenge, the appellant would be entitled to be paid or granted the consequential benefit accruing thereto from the State of Bihar. With the aforesaid, the Letters Patent Appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.08.2017 Transmission Date