Chandra Mohan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18632 of 2019 ====================================================== Chandra Mohan Mishra, Male, aged about 68 years, S/o Late Girindra Mohan Mishra Resident of Village- Koiri Tola, Sherghati, P.S.- Sherghati, DistrictGaya. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

Principal Secretary, Water Resources Development Department, Government of Bihar, Patna.

3.

Under Secretary, Water Resources Development Department, Government of Bihar, Patna.

4.

Engineer-in- Chief-Cum- Special Secretary, Water Resources Development Department, Government of Bihar, Patna.

5.

Chief Engineer, Water Resources Department, Muzaffarpur. 6.

Superintending Engineer, Tirhut Canal Circle, Water Resources Department, Muzaffarpur.

7.

Executive Engineer, Tirhut Canal Division, Saraiya, District- Muzaffarpur. 8.

Executive Engineer, Sone High Level Canal Division, Tekari, District- Gaya. 9.

Divisional Commissioner, Tirhut Division, Muzaffarpur. 10.

Accountant General, Bihar, Birchand Patel Path, Patna. 11.

Treasury Officer, Gaya Collectoriate, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Pratap, Advocate For the State :

Mr. Vikash Kumar, Advocate For Accountant General :

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-09-2019 Heard learned counsel for the parties.

The petitioner had come up before this Court earlier in C.W.J.C. No. 16534 of 2008 which was disposed of on 14th of May, 2015 with certain directions. According to the petitioner, the emoluments which were due were not paid in full and

Patna High Court CWJC No.18632 of 2019 dt.09-09-2019 2/2 therefore he filed a Contempt Application being M.J.C. No. 336 of 2016. In the Contempt Application an affidavit was filed on behalf of the opposite parties indicating compliance of the directions issued. After having noted the same, the Contempt Application was discharged with the observation that any issue that is left over for determination may be pursued by the petitioner. The order dated 10th of February, 2017 in the contempt matter is Annexure-4 to the writ petition. The petitioner contends that thereafter he filed a representation on 6th of March, 2018 before the Executive Engineer followed by his reminder on 11th of July, 2019, but till date no action has been taken.

This writ petition is, therefore, disposed of with a direction to the Executive Engineer concerned namely Respondent No. 7 to examine the claim of the petitioner and proceed to pass an appropriate order within three months from the date of presentation of a certified copy of this order. (Amreshwar Pratap Sahi, CJ) P.K.P./- AFR/NAFR CAV DATE Uploading Date 09.09.2019 Transmission Date