Jai Prakash Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3175 of 2018 ====================================================== Jai Prakash Singh Son of Late Rajbansh Choudhary Village-Mujnoo, P.O.- Sisirita, P.S.-NoKha, District-Rohtas, Presently residing at Mohalla-Santoshi Path 11B, Gorakshani, P.O. Saaram, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar thorugh Principal Secretary, Rural Works Department, Government of Bihar, Patna 2.

The Engineer-In-Chief, Rural Works department, Govt. of Bihar, Visheshwaraiya Bhawan, Patna.

3.

The Chief Engineer-I, Rural Works Department, Vishershwarraiya Bhawan, Patna.

4.

The Superintendent Engineer, Sasaram Circle, Rural Works Department near old Takiya Railway Gumti at Sasara, Rohtas.

5.

The Executive Engineer, Works Division-I, Rural Works Department, Jila Parisad Campus, Sasaram, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Ajay -GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-01-2023 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

1. That the instant writ application has been filed for issuance of writ on Mandamus/direction(s) to the respondents, specially to the respondent no. 5 for stay the operation of illegal office letter no. 98 dated 14.02.2017, whereby in one hand the petitioner was directed to complete the balance work subject to approval of recommendation of time extension by the Superintending Engineer but

Patna High Court CWJC No.3175 of 2018 dt.30-01-2023 2/3 in other hand vide letter no. 893 dated 13.12.2014 it was directed to the petitioner to draw his consent signature upon the final measurement otherwise lawful action shall be taken against him. The petitioner also directed in the year 2016 to submit an affidavit regarding execution of the balance work of road construction. The petitioner was also directed in the year 2016 to submit an Affidavit regarding execution of the balance work of road construction.

The petitioner had complied with the direction and sworn an Affidavit No. 1993 dated 20.12.2016 and executed the balance work. But til dated neither the time has been extended nor payment of the executed work could be made. This affair of the recommendation for time extension and approval thereupon was dealt with between the Executive Engineer and Superintending Engineer on 14.02.2017 but no development has been taken place so far."

On 23.01.2023 we had passed the following order:- " in our considered view, the present petition has become infructuous, inasmuch as the period within which the work was to be completed stands expired.

Despite repeated calls, none has entered appearance on behalf of the petitioner.

However, in the interest of justice, matter is adjourned.

List this case on 30th of January, 2023, in the category of 'Order Matters'."

Patna High Court CWJC No.3175 of 2018 dt.30-01-2023 3/3 Even today, despite repeated calls, none has entered appearance on behalf of the petitioner.

As such, the petition stands dismissed for default. (Sanjay Karol, CJ) ( Partha Sarthy, J) ranjan/-Sanjay AFR/NAFR CAV DATE Uploading Date Transmission Date