Patna High CourtCWJC/10075/2018disposed

Radhe Prasad And ORS v. The State Of Bihar And ORS

2018-08-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10075 of 2018 ======================================================

1. Radhe Prasad, Son of Late Baiju Yadav, Post-Anusevak, District - Rural Development Agency, Nalanda, District - Nalanda.

2. Md. Abdul Vahav, Retired Driver, Son of Late Lal Mohammad Ansari, District Rural Development Agency Nalanda, District - Nalanda.

3. Md. Sahabuddin Ansari, presently posted Driver, S/O Late Lal Mohamad Ansari, District Rural Development Agency Nalanda, District - Nalanda.

4. Nirmala Devi, W/o Late Hari Ram, Post-Anusevak, District Rural Development Agency Nalanda, District - Nalanda

5. Savita Devi, W/o Late Mahesh Choudhary, Post - Night Guard, District Rural Development Agency Nalanda, District - Nalanda.

6. Jagarnath Kanojia, S/o Late Mahavir Rajak, Post - Peon D.R.D.A., Araria, District - Araria. At present R/O Mohalla Madhubani Bazar Lanka Tola, Purnia, P.S. K. Hat, District - Purnia. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3. The Special Secretary, Rural Development Department, Govt. of Bihar, Patna.

4. The Dy. Secretary, Rural Development Department, Govt. of Bihar, Patna.

5. The District Magistrate, Nalanda.

6. D.R.D.A. Patna, through Deputy Development Commissioner, Bhojpur-cum-The Chief Executive Officer, D.R.D.A. Nalanda.

7. The District Magistrate, Araria.

8. D.R.D.A. Araria through Deputy Development Commissioner, Arariacum-the Chief Executive Officer, D.R.D.A. Araria.

9. The Union of India through the Secretary, Ministry of Rural Development Govt. of India, New Delhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar Singh, Advocate Ms. Alka Singh, Advocate For the Respondent/s : Mr. V.K. Singh- GA2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits the fact of

Patna High Court CWJC No.10075 of 2018 (2) dt.14-08-2018 2 /2 present case is identical to the fact of C.W.J.C. No. 10653 of 2008 (Anirudh Jha Vs. The State of Bihar & Ors.) and L.P.A. No. 2082 of 2015 (The State of Bihar & Ors. Vs. Anirudh Jha & Ors.), and the aforesaid judgment and order squarely covers the issue involved in the present case.

In such view of the matter, concerned authority is directed to examine the case of the petitioners and if it is found that present case is squarely covered by the aforesaid cases, the same benefit should also be extended to the present petitioners. This Court is not giving any opinion on the merit of this case.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U