Sudharshan Kumar Rai @ Sudhans v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16264 of 2007 ======================================================

1. Sudharshan Kumar Rai @ Sudhansu Kumar Rai, son of late Ram Ruch Rai, resident of village Sripalpur, P.S. Koelwar, District Bhojpur, presently posted as Plant Protection Supervisor at Arrah, District Bhojpur

2. Chitrakut Singh, son of late Kawal Singh, resident of village Shishradha, P.S. Rajpur, District Buxar, presently posted as Plant Protection Supervisor at Raipur, District Buxar

3. Anirudh Upadhaya, son of late Chandrajeet Upadhaya, resident of Kandharpur, P.S. Karan Saruf, District Buxar, presently posted as Plant Protection Supervisor at Navanagar, District Buxar

4. Ram Nath Prasad Singh, son of late Jagarnath Prasad, resident of village Burhwal, P.S. Jagdishpur, District Bhojpur, presently posted as Plant Protection Supervisor at Jagdishpur, P.S. Jagdishpur, District Bhojpur

5. Kuldip Prasad Singh @ Kuldip Prasad, son of late Chtaman Mahto, resident of village Vakour, P.S. Islampur, District Nalanda, presently posted as Plant Protection Supervisor at Dumaraon, P.S. Dumraon, District Buxar .... .... Petitioners

Versus

1. The State of Bihar through Secretary Department of Agriculture, Govt. of Bihar, Patna

2. Joint Director of Agriculture, Plant Protection Govt. of Bihar, Patna

3. Director of Agriculture, Govt. of Bihar, Patna

4. Junior Plant Protection Officer, Bhojpur, Arrah District Bhojpur

5. District Accounts Officer, Bhojpur, Arrah

6. Deputy Secretary, Pay Fixation Section, Finance Department, Govt. of Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Respondent/s : Mr. K.K.Jha, AAG14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioners in this writ application have raised a very stale matter pertaining to financial benefit from 1976 and the writ application was filed only in the year 2007 this Court is not inclined to entertain such a belated

Patna High Court CWJC No.16264 of 2007 (7) dt.29-07-2015 application only on account of delay and laches on the part of the petitioners.

When such an observation has been made learned counsel for the petitioners wants to withdraw this application. This application is, accordingly, dismissed as withdrawn but it is made clear that the petitioners shall have now no liberty to move this Court for the same cause of action. The liberty sought by the learned counsel for the petitioners to allow the petitioners to raise such issue as has been pressed in this writ application before the respondents is also refused.

(Mihir Kumar Jha, J) surendra/- U