Patna High CourtCWJC/455/2017allowed

Hari Narayan Pandit And ANR v. The State Of Bihar And ORS

2018-05-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.455 of 2017 ======================================================

1. Hari Narayan Pandit, son of Late Maghuni Pandit, resident of VillageNiyamatpur, Post Office Ghorahuwan, Police Station- Masaurhi, District- Patna.

2. Md. Akhtar Ansari, son of Late Md. Zamir Uddin, resident of Mohalla Naya Tola, Khagaul Road, Post Office and Police Station Phulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary to the Government, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna.

2. The Engineer-in-Chief-cum-Special, Secretary, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna.

3. The Chief Engineer, (Mechanical), P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna.

4. The Superintending Engineer, P.H.E. Circle, Rabanshi Nagar, Patna, District- Patna.

5. The Executive Engineer, P.H. Division, Patna West, Patna, District Patna.

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

For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Arvind Ujjwal-Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2018 The learned counsel for the parties are in agreement that the present case is squarely covered by the judgment dated 24.11.2009 passed in CWJC No. 14952 of 2009 by this Court. The learned counsel for the petitioner further submits that the aforesaid judgment of this Court dated 24.11.2009 has also been complied with by the respondents in similar cases as would be apparent from the order dated 24.9.2013, annexed as Annexure-8 to the writ petition.

Patna High Court CWJC No.455 of 2017 (4) dt.09-05-2018 2/2 In view of the aforesaid, the respondent no.5 is directed to consider the case of the petitioner in light of the aforesaid judgment dated 24.11.2009 and pass the requisite consequential order within a period of six weeks from today. The writ petition is allowed in terms of the aforesaid judgment dated 24.11.2009.

(Mohit Kumar Shah, J) BTiwary/- U