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Patna High CourtCWJC/20663/2019disposed

Juli Kumari Choudhary @ Juli Choudhary v. The State Of Bihar

2022-12-12The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20663 of 2019 ====================================================== Juli Kumari Choudhary @ Juli Choudhary W/o Santosh Kumar Choudhary Resident of Village- Pataile, Ward No. 11, P.s.- Ujiyarpur, Distt.- Samastipur, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Irrigation Department, Govt. of Bihar, Patna 2.

The Engineer in Chief Minor Irrigation Department, Govt. of Bihar, Patna 3.

The Superintending Engineer Circle- Darbhanga (Surya Bhawan), Sahganj Bentha, Darbhanga 4.

The District Magistrate Samastipur 5.

The Executive Engineer Minor Irrigation Department, Samastipur 6.

The Junior Engineer Minor Irrigation Department, Samastipur 7.

Barelal Shani, Mukhiya, Gram Raj Panchayat Sarangpur Panchami, P.s.- Tajpur, Distt.- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Choudhary, Advocate Mr. Mritunjay Kumar Singh, Advocate For the Respondent/s :

Mr. Durgesh Nandan, AAG-14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(a) For quashing the letter no. 1326 (Annexure 5), which is passed by the Executive Engineer, Minor Irrigation Division, Samastipur on dated 23.07.2019.

(b). For the direction to the respondents to give the

Patna High Court CWJC No.20663 of 2019 dt.12-12-2022 2/3 remain payment which work is completed before the dead line as same MB also submitted.

(c) For issuance of any other Writ/Writs, direction/ directions, Order/Orders to which the petitioner is entitled in the ends of justice". After the matter was heard for some time, finding the Court not to be in favour of the submissions made across the Bar, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies, as are otherwise available, in accordance with law.

Permission granted.

We are sure that as and when any such proceedings are initiated, before the appropriate forum/Tribunal, the same shall be considered and decided expeditiously, in accordance with law.

Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

Patna High Court CWJC No.20663 of 2019 dt.12-12-2022 3/3 The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 13.12.2022 Transmission Date