Mostt. Shanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6031 of 2016 ====================================================== Mostt. Shanti Devi Wife of Late Krishnadeo Prasad resident of Village Khirona PS Rahui, District Nalanda ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna 2.

The Principal Secretary, Minor Water Resource Department , Govt. of Bihar,Patna.

3.

The Dy. Secretary, Minor Water Resource Department , Govt. of Bihar,Patna.

4.

The Chief Engineer, Minor Water Resource Department , Govt. of Bihar,Patna.

5.

The Superintending Of Engineer 'Cirle' Minor Water Resource Department , Govt. of Bihar,Patna.

6.

The Executive Engineer, Minor Water Resource Division Jehanabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bindhyachal Singh, Advocate Mr. Satya Prakash, Advocate and Ms. Smriti Singh, Advocate For the State :

Mr.Gautam Kumar Yadav, AC to GP 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents. It is submitted by petitioner's counsel that claim of regularization of petitioner's husband is now to be considered in light of Full Bench decision in the case of Mobina Khatoon Vs. State of Bihar and others, reported in 2019(2) BLJ (9) FB. Since claim of the petitioner is to be considered by the Chief Engineer, Minor Water Resource Department , Govt. of Bihar, Patna (respondent no.4), no useful purpose would be

Patna High Court CWJC No.6031 of 2016(4) dt.06-03-2019 2/2 served by keeping the writ petition pending. In view of the admitted position that the issue is now covered by the aforementioned Full Bench decision, this Court would only observe that the rejection of claim of the petitioner by earlier order dated 10.12.2014, issued by the Secretary, Minor Water Resources Department, Bihar, Patna, will not stand in the way of consideration of petitioner's claim in light of judgment of the Full Bench taken note of hereinabove.

Respondent no.4 would be obliged to consider claim of petitioner afresh in light of the Full Bench judgment in the case of Mobina Khatoon (supra) within a period of three months by a reasoned and speaking order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) Shashi U