Arun Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15310 of 2023 ====================================================== Arun Prasad Gupta Son of Late Bishwanath Prasad Gupta, Resident of Mohalla- Siddhartha Nagar, Jagadeo Path, P.S.- Hawai Adda, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief cum Special Secretary, Public Health Engineer Department, Government of Bihar, Patna.

4.

The Chief Engineer (Urban), Public Health Engineering Department, Government of Bihar, Patna.

5.

The Deputy Secretary, Public Health Engineering Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Raj Nandan Prasad, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( Aag 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To grant third MACP (Modified Assured Carrier Progression) due on 05.08.2010 whereas the first and second granted by memo no. 69 dated 13.04.2009 issued by Engineering in Chief Cum Special Secretary, Public Health Engineering Department, (PHED), Bihar, Patna.

(ii) For issuance of an appropriate writ in nature of Mandamus or any other writ/writs, order/orders, direction/directions commanding

Patna High Court CWJC No.15310 of 2023(2) dt.02-04-2024 2/2 to direct the respondent authorities to make payments.

(iii) For declaring and holding that the actions of the respondent authorities are mala fide, arbitrary, without jurisdiction as well as abuse of power and authority."

2. At the outset, the learned counsel for the petitioner submits that one another writ petition bearing CWJC No.9293 of 2019, has been filed by the petitioner for setting aside the memo dated 12.03.2019, whereby and whereunder the benefit of 1st and 2nd ACP, granted to the petitioner earlier has been cancelled, hence the petitioner be permitted to raise the issue, raised in the present writ petition in the aforesaid writ petition. Permission so sought is granted.

3. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Saurav/- U