Satya Narayan Mandal And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8826 of 2018 ====================================================== 1.

Satya Narayan Mandal and Anr Son of Sri Bama Mandal, resident of Village- Fait, P.S.- Basopatti, District- Madhubani. 2.1. Sunaina Devi , Wife of late Suresh Prasad Sah, Resident of VillageBaidadih, P.S. Amarpur, District- Banka. 2.2. Papu Sah, Son of late Suresh Prasad Sah, Resident of Village- Baidadih, P.S. Amarpur, District-Banka.

2.3. Rohit Sah, Son of late Suresh Prasad Sah, Resident of Village- Baidadih, P.S. Amarpur, District-Banka.

2.4. Ritesh Kumar Gupta, Son of late Suresh Prasad Sah, Resident of VillageBaidadih, P.S. Amarpur, District-Banka. 2.5. Anjani Devi, D/o of late Suresh Prasad Sah, Resident of Village- Baidadih, P.S. Amarpur, District-Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Chief Engineer, Irrigation Creation, Water Resources Department, Bhagalpur.

4.

The Superintending Engineer, Irrigation Circle, Bhagalpur. 5.

The Executive Engineer, Irrigation Division, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra Jha-3, Adv For the Respondent/s :

Mr.Anjani Kumar- AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that for fulfillment of petitioners grievance, a representation has been filed before the Respondent No. 3 i.e. Chief Engineer, Irrigation Creation, Water Resources Department, Bhagalpur vide

Patna High Court CWJC No.8826 of 2018(5) dt.02-09-2024 2/2 Annexure-11 series. Counsel further submits that representation was filed in the year 2018 but till date, no decision has been taken by respondent authority on the representation filed by the petitioner which is annexed as Annexure-11 series. Though, counter affidavit has been filed but authorities are silent on the representation of the petitioner.

3. In this view of the matter, the present writ petition stands disposed off directing the Respondent No. 3 i.e. Chief Engineer, Irrigation Creation, Water Resources Department, Bhagalpur to take a decision on the representation filed by the the petitioners which is annexed as Annexure 11 series within 90 days from the date of production/receipt of the order.

4. It is made clear that during the pendency of the writ petition, petitioner no. 2 has died and on her place, vide order dated 23.07.2024, her heirs and legal representative have already been substituted.

(Dr. Anshuman, J) Sunnykr/- U