Nagendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10680 of 2024 ====================================================== 1.

Nagendra Pathak S/o Late Radha Kant Pathak, R/o Mohalla- Sarvoday Nagar, A.G. Colony, opposite Lallu Seth, P.O.and P.S.-Shastri Nagar, District-Patna.

2.

Shree Narayan Prasad Singh, S/o Late Ramnandan Singh, R/o Mohalla- 214 Patel Colony, Road No. -2A, Sandalpur Road, Kumhrar, P.O.- Mahendru, P.S.- Alamganj, District- Patna.

3.

Anil Kumar Singh, S/o Late Narayan Singh, R/o Mohalla-Mahabir Nagar, Marwari Patti, Ward No. 17, P.O.and P.S.- Arariya, District-Arariya. 4.

Anil Kumar, S/o Late Darogi Das, R/o village- Nimakol, P.O.-Sartha, P.S.- Chandi ,Harnaut, District- Nalanda.

5.

Sheo Shankar Gupta, S/o Late Mauji Lal Gupta, R/o village and P.O. and P.S.- Sohasarai, District- Nalandan.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Finance Secretary, Finance Department, Govt. of Bihar, Patna 2.

The Principal Secretary, P.H.E.D., Bihar, Patna, Visheshwaraiya Bhawan, Bailey Road, Patna.

3.

The Principal Secretary Road Construction department, Visheshwaraiya Bhawan, Beli Road, Patna 4.

The Engineer-in-Chief-cum-Special Secretary, P.H.E.D. Bihar, Patna, Visheshwaraiya Bhawan, Bailey Road, Patna.

5.

The Superintending Engineer, Mechanical Circle, Patna. 6.

The Superintending Engineer, Central Road Circle, Road Construction Department, Patna.

7.

The Superintending Engineer, P.H.E. Circle, Purnia. 8.

The Executive Engineer, P.H. Design and Planning Circle No.-4, Patna. 9.

The Executive Engineer, P.H. Mechanical Division, Patna. 10.

The Executive Engineer, P.H. Design and Planning Division No.- 10, Patna. 11.

The Executive Engineer, P.H. Division, Araria. 12.

The Executive Engineer, Road Division, Hilsa, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand, Adv.

For the State :

Mr. Sitaram Yadav (GP-16) Mr. Jitendra Kumar (AC to GP-16) ======================================================

Patna High Court CWJC No.10680 of 2024(2) dt.22-07-2024 2/3 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the petitioners of the present writ petition has filed different representations before different authorities and those representations are pending (annexed as Annexure-P/5) on which till date, no decision has been taken by the respective respondents.

3. Learned counsel for the State submits that the petitioners case is squarely covered by the decision of the Hon'ble Supreme Court of India. Counsel further submits that the representations have been filed to the different authorities and petitioners may be directed to file the representation before one and the same authority.

4. As such, it is directed that the petitioners shall file their representation before the Principal Secretary, P.H.E.D., Bihar, Patna (respondent no.2) who shall pass a reasoned and speaking order after filing of the representation in light of Clause 4.C of the Bihar State Litigation Policy, 2011 considering the merit or demerit of the petitioners claim within 90 days from the date of filing of the representation.

Patna High Court CWJC No.10680 of 2024(2) dt.22-07-2024 3/3

5. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U