Manoj Kumar Tiwari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9548 of 2017 ======================================================

1. Manoj Kumar Tiwari, S/o Late Ramakant Tiwari, R/o Vill+PostBharauli, P.S.- Shahpurpatti, P.O.- Khabra, District- Ara.

2. Satish Kumar Singh, S/o Late Ram Chandra Singh, R/o VillJhitkahiya, P.O.+P.S.- Minapur, District- Muzaffarpur. ... ... Petitioners

Versus

1. The State of Bihar.

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

3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Chief Engineer, North Bihar, Road Construction Department, Patna.

5. The Superintending Engineer, Road Construction Department, North Bihar Road Circle Muzaffarpur.

6. The Executive Engineer, Road Const. Deptt Division-1, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Singh For the Respondent/s :

Mr. Uday Shankar Sharan Singh-Gp19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that the facts of the present case are identical to the facts of C.W.J.C. No.9921 of 2017 (Binit Kumar and Ors. vs. The State of Bihar and Ors.) and other analogous case, which have been challenged in L.P.A. No.1702 of 2017 and other analogous case unsuccessfully and same has finally been affirmed by the Hon'ble Supreme Court in S.L.P. (C) No.23841 of 2018 and

Patna High Court CWJC No.9548 of 2017(3) dt.19-12-2018 2/2 submits that the present petitioners is also entitled to the same relief as has been given to those petitioners. In such view of the matter, let the respondent authorities examine the case of the present petitioner vis-a-vis the case of the petitioners of C.W.J.C. No. 9921 of 2017 and other analogous case and if it is found that the facts, prayer and law of all the cases are identical, in such circumstance, the present petitioners will be given the same benefit as has been given to the petitioners of C.W.J.C. No.9921 of 2017 and other analogous cases.

It is clarified that this Court is not giving any opinion on the merit of the case.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U