Ramadhar Kushwaha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12553 of 2018 ===========================================================

1. Ramadhar Kushwaha, Son of Late Brahmdeo Prasad Singh, Resident of VillageKoraiyan, P.S.- Sugauli, District- East Champaran.

2. Sajda Khatoon, Wife of Late Md. Islam Khan, Resident of VillageChintamanpur, P.S.- Malahi, District- East Champaran.

3. Vijay Kumar, Son of Late Kashi Raut, Resident of Village- Dharmpur, P.S.- Sathi, District- West Champaran.

4. Anurag Kumar, Son of Late Ram Vishwas Yadav, Resident of Village- Barharwa Phattee Mohammad, P.S.- Kundwa Chainpur, District- East Champaran. .... .... Petitioner/s

Versus

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

2. Principal Secretary, General Administration Department, Government of Bihar, Main Secretariat, Patna. null null

3. Principal Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna.

4. District Magistrate, East Champaran.

5. Sub-Divisional Officer, Sadar Motihari, East Champaran.

6. Block Development Officer, Areraj, East Champaran.

7. Block Development Officer, Pakridayal Block East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate Mr. Braj Kishor Singh, Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. P.K. Verma - AAG3 Ms. Divya Verma, AC to AAG3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-09-2018 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 case of C.W.J.C. No. 15956 of 2006 (Umesh Prasad & Ors. Vs. The State of Bihar & Ors.) and L.P.A. No. 167 of 2016 (Avinash Kumar Chakerworty & Ors. Vs. The State of

Patna High Court CWJC No.12553 of 2018 dt.27-09-2018 2 /2 Bihar & Ors.), the aforesaid orders squarely cover the issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of 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 petitioners. With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date28.9.2018 Transmission Date NA