Patna High CourtCWJC/21872/2014disposed

Gopal Prasad Yadav v. The State Of Bihar And ORS

2018-10-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21872 of 2014 ====================================================== Gopal Prasad Yadav son of late Peru Yadav resident of village - Gugalidih, P.S. - Kunda, District - Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Jamui, District - Jamui.

3. Executive Engineer, Minor Irrigation Department, Jhajha Division, District - Jamui, Bihar.

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Binay Prasad Pandey, AC to GA 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-10-2018 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Counsel for the petitioner submits that on his earlier writ petition bearing CWJC No. 4654 of 2007 this Court had specifically directed the respondent Chief Engineer, Minor Irrigation Department, Bhagalpur Circle, as well as the Executive Engineer, Minor Irrigation Department, Jhajha Division, District Jamui to forward the case of the petitioners to the Collector, Jamui for being empanelled and appointment as Class IV employees in the Collectorate, Jamui, its attached offices and offices of other line department situate in the district of Jamui. In spite of communication dated 29.12.2011 sent from the office of the Executive Engineer, Minor Irrigation, Jhajha

Patna High Court CWJC No.21872 of 2014(2) dt.08-10-2018 2/2 Division, no step has been taken for empanelment/appointment of the petitioner.

The direction is already in favour of the petitioner in the order dated 15.11.2011 passed in the earlier writ proceeding. This Court would not issue a successive direction for same relief in successive proceeding when direction is already existing in the earlier proceeding.

Counsel for the petitioner, being faced with the above situation, submits that he would approach this Court in contempt jurisdiction for enforcement of the order passed in CWJC No. 4654 of 2007.

With the liberty as aforesaid the writ petition is disposed of.

(Madhuresh Prasad, J.) SNkumar/- U