Shiv Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15953 of 2014 =========================================================== Shiv Shankar Prasad son of Late Lakshman Prasad, resident of village- Thakur Asthan, P.O.+P.S.- Bandhu Ganj, District- Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna

3. The Secretary, Department of Finance, Govt. of Bihar, Patna

4. The Engineer-in-chief, Public Health Department Govt. of Bihar, Patna

5. The Superintending Engineer, Public Health Engineering Department, Circle, Gaya

6. The Executive Engineer, Engineer, Public Health Engineering Department, Division, Nawada .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Respondent/s : Mr. Satyadeo Kumar -SC5 Mr. Saroj Kumar, AC to SC5 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the facts of the present case are identical to the case of C.W.J.C. No. 9921 of 2017 (Binit Kumar Vs. The State of Bihar & Ors.) and its analogues cases, which has been affirmed by the Division Bench in L.P.A. No. 1702 of 2017 and that has been affirmed by the Hon'ble Supreme Court in S.L.P. (Civil) No. 23778 of 2018, the aforesaid orders squarely cover the issue

Patna High Court CWJC No.15953 of 2014 dt.09-10-2018 2 /2 involved in the present case.

In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of the petitioner and if it is found that present case is squarely covered by the aforesaid cases, the same benefit should also be extended to the petitioner.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date10.10.2018 Transmission Date NA