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Patna High CourtCWJC/1620/2016disposal with observation

Pankaj Kumar And ORS v. The State Of Bihar And ORS

2018-11-01Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1620 of 2016 ===========================================================

1. Pankaj Kumar Son of Keshav Prasad Singh Resident of village - Vibhutipur, Post office - Vibhutipur, District - Samastipur

2. Sanjay Kumar Son of Panna Lal Resident of Sanjay Vastralay, Giridih Road, Police Station - Kodarma, District - Jharkhand

3. Sanjay Kumar Jha Son of Harischandra Jha Resident of village - Kheriya, Post Office - Ayodhyagunj Bazar, District - Katihar

4. Arun Kumar Son of Darbari Prasad Resident of House No. 6, Durga Shankar Road Pandiriva, Police Station Gaya Kotwali, District - Gaya

5. Sanjay Kumar Son of Ram Singhasan Singh Resident of village - Chitaini, Police Station Kochas, District - Rohtas at Sasaram

6. Amrendra Kumar Son of Surya Narayan Prasad Verma Resident of Chandranagar, Post office Kosi College, District - Khagaria

7. Amit Kumar Sinha Son of Devendra Prasad Resident of Rajendranagar, Police Station Nawada, District - Nawada

8. Rajiv Ranjan Kumar Son of Shyam Sundar Prasad Resident of village - Belaw, Police Station Barbigha, District - Shekhpura

9. Ram Shankar Kumar Son of Baleshwar Prasad Singh Resident of village - Ekahari, Police Station Ladaniya, District - Madhubani

10. Subhash Chandra Rajkumar Son of Madho Kapari Resident of village - Kalyanpur, Police Station Amarpur, District - Banka

11. Rupesh Kumar Mehra Son of Parmeshwar Mehra Resident of village - Bhagalpura, Post office Ahirohat, District - Banka

12. Kumari Rani Daughter of Kanhaiya Prasad Gupta Resident of village - Loknathpur, Police Station Dalsingh Sarai, District - Samastipur

13. Arun Kumar Son of Vishndeo Prasad Yadav Resident of village - Parma, Post office - Parma, District - Nawada

14. Sanjeev Kumar Ratna Son of Bankey Bihari Resident of village - Khagariya Sahabahadi, Police Station - Manpur, District - Nalanda

15. Amrendra Kumar Mishra Son of Balram Mishra Resident of village - Sadipurghat, Post office Sadipurghat, District - Samastipur

16. Anil Prasad Son of Somar Mahto Resident of village - Korari, Police Station Belchi, District Patna

17. Ajay Kumar Son of Ram Narayan Sharma Resident of village - Chatrapura, Post office Mokama, District - Patna

18. Prasun Parimal Son of Dinesh Kumar Gupta Resident of Mohalla - Hajipur, Post Office - Khagaria, District - Khagaria

19. Rajesh Kumar Sudhanshu Son of Rajendra Prasad Rajak Resident of Village - Rasulpur, Post office Tulsigardh, District - Nalanda

20. Ajay Kumar Gupta Son of Mangan Sah Resident of village - Laxmipur, Post office - Laxmipur, District - Katihar

21. Vijay Kumar Son of Late Dhruv Kumar Resident of Mohalla - Professor Colony, Police Station Chakiya, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Schedule Cast & Schedule Tribes Welfare Department, Govt. of Bihar, Patna

Patna High Court CWJC No.1620 of 2016 dt.01-11-2018 2 /3

3. The Director, Schedule Cast & Schedule Tribes Welfare Department, Govt. of Bihar, Patna

4. The Principal Secretary, Finance, Government of Bihar, Patna

5. The Director P.F. Directorate, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal- SC-3 Smt. Neelam Kumari, AC to SC-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that the facts of the present case are identical to the case of C.W.J.C. No. 20654 of 2010 (Raj Narayan & Ors. Vs. The State of Bihar & Ors.) and C.W.J.C. No. 10901 of 2006 (Md. Kayumuddin Ansari & Ors. Vs. The State of Bihar & Ors.), the aforesaid judgment/orders squarely cover the issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of petitioners and if it is found that present case is squarely covered by the aforesaid cases, the same benefit should also be extended to the petitioners.

Patna High Court CWJC No.1620 of 2016 dt.01-11-2018 3 /3 Whole the process should be completed within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date5.11.2018 Transmission Date NA