Ravi Shankar Pathak Advocate Patna High Court v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2084 of 2024 In Civil Writ Jurisdiction Case No.12291 of 2021 ====================================================== Ravi Shankar Pathak Advocate Patna High Court s/o Late Rameshwar Nath Pathak Resident of Village- Saisar, P.S. Dinara, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Irrigation, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Irrigation, Govt. of Bihar, Patna namely Shri Chaitany Prasad.

3.

The Chief Engineer, Irrigation, Govt. of Bihar, Patna namely Ishwar Chandra Thakur.

4.

The Superintending Engineer, Sone Canal Division, Rohtas namely Ashwani Kumar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak (in person) For the State :

Mr. Deepak Sahay Jamuar, A.C. to A.A.G.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 16-01-2025 The present M.J.C. is arising out of order dated 02.08.2021 passed in C.W.J.C. No. 12291 of 2021. Co-ordinate Bench has directed the petitioner to approach the concerned authority within a period of four weeks from 02.08.2021 by filing representation for redressal of the grievances. Petitioner filed representation on 29.08.2021. It is to be noted that representation was required to be considered within a period of three months from the date of filing of such representation.

Patna High Court MJC No.2084 of 2024(7) dt.16-01-2025 2/2 Three months have lapsed in the month of November 2021. The concerned respondent has failed to comply even to this date. Perusal of show-cause along with Annexure-E dated 28.12.2024, the Chief engineer is stated to have ordered that work is required to be executed within a period of seven days. The concerned authority is hereby directed to execute the work within a period of eight weeks from today, failing which the petitioner is entitled to litigation cost and it is quantified at Rs. 50,000/- (Rupees Fifty Thousand) for the reasons that the concerned respondents have committed contempt from the month of December 2021 to this date. With the above observation, the present petition stands disposed of.

2. Petitioner is also given a liberty to file Interlocutory Application to revive this order in the event of non-compliance of today's order.

(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) Siwani/- U