Razaur Rashid Jauhar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.320 of 2021 In Civil Writ Jurisdiction Case No.25636 of 2013 ====================================================== Razaur Rashid Jauhar, son of of Late Saiyad Mohammad Ali, resident of village- Phulwariya, Near Masjid, Ward No. 1, P. S.-Phulwaria, District -Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Chaitanya Prasad, the then Principal Secretary, Science and Technology Department, Govt. of Bihar, New Secretariat, Patna-800001.

2.

Sri Brajesh Mehrotra, the present Principal Secretary since 17.3.2020, Science and Technology Department, Govt. of Bihar, New Secretariat, Patna-800001 3.

Sri Sanjeev Kumar, the Director of Science and Technology Department, Govt. of Bihar, New Secretariat, Patna-800001 4.

Sri Mirza Arif Raza, the Deputy Secretary, Science and Technology Department, Govt. of Bihar, New Secretariat, Patna-800001 5.

Dr. Diwakar Prasad Singh, the Professor In-charge-cum-In-charge Principal, Govt. Polytechnic, Barauni, Begusarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mauli Chaurasia, Adv.

For the Opposite Party/s :

Mr. Sarvesh Kumar Singh AAG-13.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The learned counsel for the petitioner submits that in view of demise of original writ petitioner on 21-03-2021, an Interlocutory Application bearing I. A. No. 01 of 2021 has been filed for substituting his legal heirs, as per details mentioned in paragraph No.2 of Interlocutory Application. He submits that the Department of Science and Technology has issued the

Patna High Court MJC No.320 of 2021(4) dt.19-04-2023 2/2 necessary order in compliance of order passed on the petitioner's writ petition bearing CWJC No. 25636 of 2013. Copy of the order has been enclosed as Annexure OP/1 to the show cause filed on behalf of the O.P. Nos. 1 to 5. The same is dated 13-09-2022 bearing Memo No. 2950. He, however, submits that payments, as a consequence of the said order, has not been made to the petitioner.

In the facts and circumstances of the case, the Court would allow the Interlocutory Application 01 of 2021, which has been filed for substitution and direct for substitution of the name of the legal heirs, as per paragraph No.2 of the I.A., be made in the cause title.

Since the necessary order has been passed, the learned counsel for the petitioner submits that the legal heirs would be approaching the office of the Accountant General for the financial benefits based thereon.

With liberty, as aforesaid, the contempt application stands disposed of.

(Madhuresh Prasad, J) shyambihari/- U