The State Of Bihar And ORS v. Navin Kumar Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.401 of 2017 In Civil Writ Jurisdiction Case No.18666 of 2015 ======================================================

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

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

3. The Secretary (Vyay), Finance Department, Government of Bihar, Patna.

4. The Chief Engineer, Water Resources Department, Bhagalpur.

5. The Executive Engineer, Irrigation Division, Bhagalpur.

6. The Executive Engineer, Irrigation Division, Kathratand, Camp Batia.

7. The Superintending Engineer Division Circle No. 2, Jamui. ... ... Appellant/s

Versus

1. Navin Kumar Sharma, son of Late Bishwanath Sharma, resident of village - Fasia, P.O. + P.S. - Pipra, District - Supaul.

2. Anil Kumar, son of late Yadunandan Sharma, resident of village + P.O. - Mokar, P.S. + Dist. - Jehanabad.

3. Manoj Kumar, son of late Raj Kishore Prasad, resident of village - Madanpur, P.O. - Kajara, District - Jehanabad.

4. Prem Kumar Choudhary, son of Lal Bahadur Ram, Resident of Village - Manjhiaaub, P.O. - Paruhar, P.S. - Darihat, District - Rohtas.

5. Prem Kumar Singh, son of late Ramswaroop Singh, resident of village - Jhirwa, P.O. - Chjtia, P.S. + District - Banka.

6. Niraj Kumar, son of late Suresh Chandra Yadav, resident of village + P.O. - Chodhli, P.S. - Beldar, District - Khagaria.

7. Chandra Kishore Choudhary, son of late Bhagwan Choudhary, Resident of Village + P.O.- Motia, Dist - Godda.

8. Nigar Praveen, Daughter of Nizam Uddin, resident of village - Hajisujan, P.O. - East Sarai, P.S. - Kotwali, District - Munger. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arvind Ujjwal, SC-4 :

Mr. Upendra Pratap Singh, Advocate AC to S.C.-4 For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2018 Re.: Interlocutory Application No.1495 of 2017 Delay of 355 days in filing of the Letters Patent Appeal is

Patna High Court LPA No.401 of 2017(10) dt.04-07-2018 2/2 condoned.

Interlocutory Application stands allowed and disposed of. Re.: Letters Patent Appeal No.401 of 2017 Even though, there are some defects pointed out by the office, but orders passed identical in nature have been considered by a Coordinate Bench of this Court at the instance of the State in L.P.A. No.398 of 2017 and a Coordinate Bench of this Court on 10.01.2018 has already dismissed the L.P.A. filed challenging the identical orders.

Keeping in view the reasons already indicated and considered in the orders passed on 10.01.2018 in L.P.A. No. 398 of 2017, we see no reason to make any indulgence in the matter. This appeal is also dismissed.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U