Mahatam Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10252 of 2024 ====================================================== 1.

Mahatam Prasad Son of Late Pitamber Prasad Resident of Village- Near Dr. M.R. Rajan Hospital, Mohiuddinpur, Siwan, Bihar- 841226. 2.

Himanshu Kumar Dubey, Son of Late Shubh Narayan Dubey, Resident of Ward No. 18, Nai Bazar, Bettiah, Raj Chhawani, Bhagwan Bazar, Chapra, Saran, Bihar- 841301.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

4.

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

5.

The Chief Engineer, Water Resources Department, Siwan. 6.

The Executive Engineer, All Planning, Investigation and Project Preparation Division, Siwan.

7.

The Executive Engineer, Saran Canal Division, Gandak Project, Chapra Saran.

8.

The Accountant General (A and E), Bihar, Mahalekhakar Bhawan, Birchand Patel Path, Patna-800001.

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

For the Petitioner/s :

Ms. Roona, Advocate.

For the State :

Mr. Arun Ujjwal, SC-4.

For the Accountant General:

Mr. Arun Kumar Arun, Advocate.

Mr. Akash Arun, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-07-2024 Heard Ms. Roona, learned counsel appearing on behalf of the petitioner; Mr. Arun Ujjwal, learned SC-4 for the State and Mr. Arun Kumar Arun, learned counsel along with Mr. Akash Arun, learned counsel for the Accountant General.

2. Learned counsel appearing on behalf of the

Patna High Court CWJC No.10252 of 2024(2) dt.08-07-2024 2/2 petitioner seeks to file a detailed representation in respect of petitioner nos. 1 and 2 before the respondent nos. 5 and 7 respectively in light of the law laid down by the Apex Court in the case of Amresh Kumar Singh & Ors. Vs. The State of Bihar & Ors. reported in (2023) 2 PLJR (SC) 423, and the recent judgment dated 28.06.2024 of the Hon'ble Full Bench of this Court passed in CWJC No. 18727 of 2017 (Kamlanand Thakur Vs. The State of Bihar) and other analogous matters.

3. The Authority concerned is directed to consider the grievance of the petitioner and take decision to redress the grievance of the petitioner in light of the law laid down by the Apex Court in the case of Amaresh Kumar Singh (supra) within a period of six weeks from the date of filing of the representation by the petitioners.

4. With the above observations/directions, the present writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U