Devendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10356 of 2024 ====================================================== 1.

Devendra Prasad Singh, Son of Late Ramashish Singh Resident of Dahiyawan Tanni (Prabhunath Nagar), PS- Tari, Chapra, Bihar- 841301. 2.

Pradeep Kumar Shahi, Son of Jang Bahadur Shahi, Resident of Gauri Narratam, Gauri Ebrahim, Khushi Nagar, Uttar Pradesh-274406. 3.

Shravan Kumar Sahay, Son of Late Panchanan Sahay, Resident of House No. 4030, Changer, Gali No. 1, Ashok Nagar, Road No. 8A, PS- Lohiya Nagar, Kankarbagh, Patna-800020.

... ... 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, Flood Control, Water Resources Department, Gopalganj.

6.

The Executive Engineer, Saran Division, now known as Flood Control and Drainage Division, Chapra.

7.

The Executive Engineer, Flood Control Division, Thakraha Shivir, Gopalganj.

8.

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

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

For the Petitioner/s :

Ms. Y. Madhvi, Advocate For the State :

Mr. Sheo Shankar Prasad, SC-8 For the A. G.

:

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Patna High Court CWJC No.10356 of 2024(2) dt.11-07-2024 2/3 ORAL ORDER 11-07-2024 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the Accountant General, Bihar, Patna.

2. The present writ petition has been filed for grant of ACP to the petitioners in terms of the order passed by the Hon'ble Apex Court in SLP (C) No.8219-8226 of 2019.

3. Learned counsel for the State has raised a preliminary objection and submits that the petitioners have submitted their representation for redressal of their grievances before respondent No. 5, namely, the Chief Engineer, Flood Control, Water Resources Department, Gopalganj. Therefore, this writ petition may be disposed off directing him/her to pass an order on their representation.

4. In the light of the submissions made by learned counsel for the parties, this writ petition is disposed off directing the petitioners to file a fresh representation before respondent No.5, namely, the Chief Engineer, Flood Control, Water Resources Department, Gopalganj within 30 days from today along with a copy of this order and the respondent No.5 shall pass a reasoned and speaking order on the representation of the petitioners, in accordance with law, within 90 days thereafter.

Patna High Court CWJC No.10356 of 2024(2) dt.11-07-2024 3/3

5. It is made clear that the Court has not applied his mind but only directed respondent No. 5 to pass a reasoned and speaking order on the representation of the petitioners. (Dr. Anshuman, J) Ashwini/- U