Ashok Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20589 of 2013 With Interlocutory Application No. 1408 of 2015 ====================================================== Ashok Kumar Mishra S/O Ramakant Mishra, Director of Ashok Pooja Co. Pvt Ltd, Nagdaha, Motihari, E. Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Rural Department Government of Bihar, Patna

2. The Executive Engineer, Rural Department, Sub Division, Motihari

3. The Chief Engineer, Rural Department of Government of Bihar, Patna

4. The Engineer-in-Chief, Rural Department of Bihar, Patna

5. The Superindent Engineer, Rural Department, Sub Division, Motihari

6. The Superindent Engineer, Rural Department, Sub Division, Bettiah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Respondent/s : Mr. K.K.Jha, AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 08-04-2015 Learned counsel appearing on behalf of the petitioner submits that in the main writ petition filed on behalf of the petitioner, the reliefs sought for are not properly formulated and necessary parties have not been impleaded. Therefore, according to him, I.A.No. 1408 of 2015 has been filed on behalf of the petitioner either to permit the petitioner to make necessary correction in the main writ petition or permit him to withdraw the writ petition with a liberty to file a fresh writ petition in the same subject matter with well crystallised reliefs enumerated in paragraph 1 of the writ petition, after impleading all the necessary parties.

Learned Additional Advocate General No. 14, appearing on behalf of the respondents, submits that the petitioner may be directed to file a fresh writ petition in the same subject

Patna High Court CWJC No.20589 of 2013 (2) dt.08-04-2015 2/2 matter with the liberty aforesaid.

In above view of the matter, the writ petition stands disposed of as withdrawn with the liberty aforesaid. If a fresh writ petition is filed on behalf of the petitioner within a period of two months, the same shall be considered and decided on its own merit without being prejudiced by the rejection/withdrawal of the present writ petition. I.A.No. 1408 of 2015 stands, accordingly, disposed of. (Birendra Prasad Verma, J) Tahir/- U