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Patna High CourtCWJC/5008/2018disposed

Prakash Chandra Saurya And ORS v. The State Of Bihar And ORS

2018-03-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5008 of 2018 ======================================================

1. Prakash Chandra Saurya son of late Ramdeo Ravidas, Village- Nankar Jairampur, P.S. Bihpur, District- Bhagalpur

2. Monalisha Kumari, daughter of Wakil Mandal, resident of villageAthama Pannuchak, P.S. Kahalgaon, District- Bhagalpur

3. Rakesh Kumar, son of Chanuklal Mandal, resident of villagePannuchak, P.S. Ghogha Kahalgaon, District-Bhagalpur

4. Mukesh Kumar, son of Saryug Sah, resident of village- Korchakka, P.S. Bihpur, District- Bhagalpur

5. Paramhans Kumar Rajak, son of late Umesh Rajak, resident of villageHario, P.S. Bihpur, District- Bhagalpur ... ... Petitioner/s

Versus

1. The State Of Bihar through the District Magistrate, Bhagalpur

2. The District Magistrate, Bhagalpur

3. the District Education Officer, Bhagalpur

4. The District Programme Officer (Establishment), Bhagalpur

5. The Panchayat Secretary-cum-Member Secretary, Panchayat Niyojan Samiti, Gram Panchayat Raj- Sukatia Bazaar, Block-Gopalpur, District- Bhagalpur

6. The Panchayat Secretary-cum- Member Secretary, Panchayat Niyojan Samiti, Gram Panchayat Raj- Khairpur, Block-Kharik, DistrictBhagalpur

7. The Panchayat Secretary-cum- Member Secretary, Panchayat Niyojan Samiti, Gram Panchayat Raj- Hario, Block-Bihpur, District-Bhagalpur

8. The Panchayat Secretary-cum- Member Secretary, Panchayat Niyojan Samiti, Gram Panchayat Raj- Khairpur Kadwa, Block-Naugachia District- Bhagalpur

9. The Panchayat Secretary-cum- Member Secretary -cum-Chairman, Panchayat Niyojan Samiti, Gram Panchayat Raj- Jhandapur East,, Block-Bihpur,, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amish Kumar, Advocate For the Respondent/s :

Mr. Bijay Bhushan Praad, AC to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the State. Mr. Amish Kumar, learned counsel appearing on behalf of the petitioner submits that the case of the petitioner, to a substantial extent, is covered by the order dated 14.11.2017

Patna High Court CWJC No.5008 of 2018(2) dt.29-03-2018 2/2 passed by a Division Bench of this Court in LPA No. 501/2017 and as such the writ petition may be disposed of with liberty to the petitioner to approach the respondents along with a copy of the order dated 14.11.2017 passed in LPA No. 501/2017 so that the case of the petitioner may be examined by the concerned respondents.

In view of the above, the writ petition is disposed of with liberty to the petitioner to file an exhaustive representation enclosing a copy of the order dated 14.11.2017 passed in LPA No. 501/2017. In case the principles discussed in LPA No. 501/2017 is found applicable, considering the foundational facts, the respondent no. 3 will examine the representation of the petitioner and pass appropriate order in the light of the decision in LPA No. 501/2017.

(Anil Kumar Upadhyay, J) spandey/- U