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Patna High CourtMJC/3410/2017disposed

Naresh Khan v. The State Of Bihar And ORS

2022-11-30The Chief Justice -2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3410 of 2017 In Civil Writ Jurisdiction Case No.11542 of 2013 ====================================================== Naresh Khan Son of Late Jay Kant Khan Resident of Village - Bara, P.S. - Bihra, District - Saharsa Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Sri Arun Kumar Singh, Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

Sri Prakash Das, Chief Engineer, Flood Control and Jal Nissaran, Water Resources Department, Birpur 4.

Sri Upendra Prasad Sharma, Sinchai Srijan Water Resources Department, Saharsa.

5.

Sri Safi Ahmad, Superintending Engineer, Irrigation Circle, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra Jha-3, Advocate For the Opposite Party/s :

Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-11-2022 This petition has been filed alleging non-compliance of the order dated 02.09.2016, passed in C.W.J.C. No. 11542 of 2013, titled as Naresh Khan Vs. The State of Bihar & Ors., by a learned Single Bench of this Court.

Having heard learned counsel for the parties, the Court is of the considered view that the surviving grievances of the petitioner of inter se seniority needs to be settled not in the present petition filed under Article-215 of the Constitution of India read with Sections-11 and 12 of the Contempt of Court Act for the respondents have, in principle, promoted the

Patna High Court MJC No.3410 of 2017(7) dt.30-11-2022 2/2 petitioner without accounting for the eligibility, be it that of the petitioner or that of the person(s) junior promoted prior to him. As such, petition is disposed of, reserving liberty to the petitioner to initiate appropriate proceedings, if so required and desired, for the surviving grievances.

(Sanjay Karol, CJ) K.C.Jha/DKS U