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Patna High CourtCWJC/7912/2017allowed

Shivdhari Yadav And ORS v. The State Of Bihar And ORS

2018-04-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7912 of 2017 ======================================================

1. Shivdhari Yadav Son of Late Jash Lal Yadav, Resident of Village Shikhai, P.S. Khutauna, District Madhubani.

2. Chedi Yadav Son of Lachhan Yadav, Resident of Village Zaghpati, P.S. Khutauna, District Madhubani.

3. Uma Pati Jha Son of Late Bathua Jha, Resident of Village Durgauli, P.S. Bennipatti, District Madhubani.

4. Chulhai Kamat Son of Late Jeewat Kamat, Resident of Village Teghra, P.S. Babu Barhi, District Madhubani.

5. Churan Yadav Son of Munder Yadav, Resident of Khutauna, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar.

2. The Principal Secretary, Finance Department, Government of Bihar, Patna.

3. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

4. The Engineer in Chief, Water Resources Department, Government of Bihar, Patna.

5. The Chief Engineer, Water Resources Department, Darbhanga.

6. The Superintending Engineer, Flood Control Circle, Jhanjharpur.

7. The Executive Engineer, Flood Control Division, Khutauna, Darbhanga.

8. The Sub Divisional Officer, Western Kosi Canal Division No. 1, Khutauna.

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

For the Petitioner/s : Mr. Sanjay Prakash Verma For the Respondent/s : Mr. Vikash Kumar-Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2018 The learned counsel for the parties are in agreement that the present case is squarely covered by a judgment reported in 2017(4) PLJR 352 ( Pandav Yadav & Ors. Vs. The State of Bihar & Ors.).

In view of the agreement of the learned counsel for the parties, I deem it fit and proper to quash the order of

Patna High Court CWJC No.7912 of 2017 (2) dt.11-04-2018 2/2 termination dated 8.2.2017, issued by the Engineer in Chief (Irrigation), Water Resources Department, Bihar, Patna. The respondent no.4 is further directed to consider the case of the petitioner for regularization in light of the aforesaid judgment passed in the case of Pandav Yadav & Ors. (Supra) within a period of four months from today.

The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U