Raj Kumar Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14493 of 2007 ====================================================== Raj Kumar Prasad, son of Late Ramdhari Ram, resident of villageDawarika Bigha, P.O. Chero, P.S. Harnaut, District-Nalanda .... .... Petitioner
Versus
1. The State of Bihar
2. The Principal Secretary-cum- Commissioner, Water Resources Department, Govt. of Bihar, Patna
3. The Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna
4. The Chief Engineer, Water Resources ( Irrigation), Anishabad, Patna-2 .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.14515 of 2007 ====================================================== Rajendra Mahato, son of Late Saryug Mahato, resident of village, P.O. and P.S. Pandarak, District- Patna .... .... Petitioner
Versus
1. The State of Bihar
2. The Principal Secretary-cum- Commissioner, Water Resources Department, Govt. of Bihar, Patna
3. The Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna
4. The Chief Engineer, Water Resources ( Irrigation), Anishabad, Patna-2 .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.14529 of 2007 ====================================================== Lakshmi Choudhary, son of Bujan Choudhary, resident of village and P.O. Rahata Via Kumar Khan, District-Madhepura .... .... Petitioner
Versus
1 The State of Bihar
2. The Principal Secretary-cum- Commissioner, Water Resources Department, Govt. of Bihar, Patna
3. The Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna
4. The Chief Engineer, Water Resources ( Irrigation), Anishabad, Patna-2 .... .... Respondents ====================================================== Appearance :
(In CWJC No.14493 of 2007) For the Petitioner/s : Mr. Anand Kumar Singh Mr. Dharmendra Kumar For the Respondent/s : Mr. AC to GA-7 (In CWJC No.14515 of 2007)
2/4 For the Petitioner/s : Mr. . Anand Kumar Singh Mr. Dharmendra Kumar For the Respondent/s : Mr. AC to SC-19 (In CWJC No.14529 of 2007) For the Petitioner/s : Mr. Anand Kumar Singh Mr. Dharmendra Kumar For the Respondent/s : Mr. Sita Ram Yadav, GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-03-2017 In all the aforesaid three writ petitions, since same prayer was made, all the three writ petitions were taken up together and are being disposed of by common order. Heard Sri Anand Kumar Singh, learned counsel for the petitioners in all the aforesaid three cases and learned State counsels.
Initially, one writ petition was filed vide C.W.J.C.No.11669 of 2007 by four petitioners, which include three petitioners of the present three writ petitions. However, by order dated 10.09.2007, learned counsel for the petitioners was permitted to confine the writ petition i.e. C.W.J.C.No.11669 of 2007 in respect of petitioner no.1 only granting liberty to file separate writ petitions in respect of other petitioners Thereafter, aforesaid three writ petitions were filed by three petitioners. The relief, which has been sought for in the present writ petitions, was similar to the relief of C.W.J.C.No.11669 of 2007. The said
3/4 writ petition i.e. C.W.J.C.No.11669 of 2007 was finally disposed of on 21.01.2015 by a Bench of this Court with observation that if the petitioner approaches the Principal Secretary, Water Resources Department, he would dispose of the representation of the petitioner in accordance with law within specified time. The said order was passed primarily on the ground of non-availability of file relating to claim for promotion.
Since the main writ petition i.e.
C.W.J.C.No.11669 of 2007 has been disposed of granting liberty to the petitioner to file representation, the Court is of the opinion that no different order can be passed in the present writ petitions. Accordingly, in terms of order dated 21. 01.2015 passed in C.W.J.C.No.11669 of 2007, all the aforesaid three writ petition stand disposed of with liberty to the petitioners to approach the Principal Secretary, Water Resources Department regarding claim made in the present writ petitions. If such representation is filed by the aforesaid petitioners of the present writ petitions, the Court expects that the Principal Secretary, Water Resources Department may examine the same and pass appropriate order in accordance with law preferably within a period of three months from the date of receipt/production of a
4/4 copy of this order following the order passed in the writ petition i.e. C.W.J.C.No.11669 of 2007.
(Rakesh Kumar, J) NKS/- U