Santosh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11075 of 2025 ====================================================== Santosh Kumar Tiwari S/o Late Baijnath Tiwari, R/o Village- Chausa, P.S.- Buxar (M), Distt- Buxar presently posted at Office of the Executive Engineer, Minor Irrigation Division, Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna, District- Patna.

2.

The Principal Secretary Water Resources Department, Government of Bihar, Patna, District- Patna.

3.

The Engineer-in-Chief, Senior Water Resources Department, Government of Bihar, Visheshwariya Bhawan, Patna, District- Patna. 4.

The Chief Engineer, Senior Water Resources Department, Government of Bihar, Sheikhpura, District- Patna.

5.

The Executive Engineer, Minor Water Resources, Distt- Rohtas at Sasaram. 6.

The Executive Engineer, Minor Water Resources, Begusarai, DisttBegusarai. 7.

The District Accounts Officer, Rohtas, Distt- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey For the Respondent/s :

Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner as well as learned counsel for the respondents-State.

2. It is submitted by the counsel for the petitioner that at the first round of litigation, the petitioner filed a petition being Civil Writ Jurisdiction Case No. 7136/2018, which was disposed of by the Co-ordinate Bench of this Court vide its order dated 29.04.2024 (Annexure-P-7) directing the respondent No. 07 i.e. the District Accounts Officer Rohtas, District Rohtas

Patna High Court CWJC No.11075 of 2025(2) dt.22-07-2025 2/3 at Sasaram to consider and decide the representation of the petitioner in the light of order passed in C.W.J.C. No. 12040/2019 (Madan Prasad Singh Vs. State of Bihar & Anrs). According to the counsel, the petitioner filed his representation before the respondent No. 07 i.e. the District Accounts Officer Rohtas, District Rohtas at Sasaram, which has been rejected by him vide its order dated 28.12.2024 i.e. (Annexure - P/9) on the ground that he is not the competent authority who decides the claim of the petitioner. Learned counsel for the petitioner further submits that the competent authority who would decide the claim of the petitioner, is respondent No. 06 i.e. the Executive Engineer, Minor Water Resources, Begusarai District Begusarai therefore, it is prayed by the counsel for the petitioner that this petition may be disposed of directing the respondent No. 06 to consider and decide the claim of the petitioner and pass the order in accordance with relevant rules and laws within the stipulated period fixed by this Court.

3. The above prayer made by the counsel is not opposed by the counsel for the respondents-State.

4. Considering the submissions made by both the counsels, the petition is disposed of. The petitioner is directed to file a fresh representation before the respondent No. 06 i.e.

Patna High Court CWJC No.11075 of 2025(2) dt.22-07-2025 3/3 Executive Engineer, Minor Water Resources, Begusarai, District Begusarai within three weeks from today and in turn, the respondent No. 06 is also directed to consider and decide the same in accordance with relevant rules and laws and further taking into consideration the observation made by the Coordinate Bench of this Court in C.W.J.C. No. 12040/2019 (Madan Prasad Singh Vs. State of Bihar & Anrs) and pass the order as early as possible probably within 30 days from the date of submission of such representation.

5. Accordingly, the petition is disposed of.

(Arvind Singh Chandel , J) krishnakant/- U