Citation : 2023 Latest Caselaw 6107 Patna
Judgement Date : 19 December, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10638 of 2019
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1. Suresh Prasad Singh Son of Late Sudin Singh Resident of Village-at Abgilla,
P.O. Mohanpur, Via Punpun, P.S. Gourichak, in the District of Patna
2. Bidya Nand Kumar Singh Son of Late Shri Indradeo Prasad Singh Resident
of Rana Bigha, P.S. Barh District-Patna
3. Ramswarup Yadav Son of Late Swarika Yadav Son of Late Swarika Yadav,
Resident of Shri Rampur, P.O.-P.S. Akbar Nagar, in the District of Bhagalpur
4. Ram Ratan Sharma Son of Late Bodhi Singh Resident of Ataua, P.O.
Gonama, P.S. Nawada, District Nawada (Bihar).
5. Ram Murat Ram Son of Late Ram Narayan Yadav Resident of Sarai
Rasulpur, P.S. Balua, District Chandouli (U.P.)
6. Surendra Prasad Son of Late Charitar Sar, Resident of Alamganj Chouki,
P.S.-Guljarbagh, District Patna
7. Amarnath Gupta Son of Late Ramdayal Lal Gupta Resident of Ramujee
Chak, P.S. Digha, In the District of Patna-18
8. Hira Prasad Singh Sopn of Late Lallan Singh Resident of Village-at
Bharuhia, P.O. Sirihira (Hata), P.S. Chand, in the District of Kaimur
(Bhabhua), Bihar
9. Sudhakar Prasad Singh Son of Late Motilal Singh Resident of Village at
Prasando, P.S. Haveli Kharagpur, in the District of Munger, Bihar.,
10. Jagadish Prasad Sinha Sono f Late Indralal Singh Resident of Chimiyabela,
P.S. Punpun, in the District of Patna
11. Sanichar Mahto Son of Late Parmeshwar Mahto Resident of Ratnapur, P.S.
Suraj Gardhu, District-Lakhisharai, Bihar
12. Sudhir Kumar Madhukar Son of Late Kolahi Mahto Resident of Konipar,
Surajgardha, District-Lakhisarai.
13. Satya Narayan Singh, Sathi Son of Late Khublal Singh Resident of Mohalla-
Gayatri Nagar, P.S. Kotwali, District-Munger, Bihar.
14. Shyam Nandan Prasad Son of Late Shukhdeo Prasad Resident of Sherpur,
P.S. Basdeopur, District Munger
15. Anugrah Narayan Singh Son of Late Ram Nihora Singh Resident of Prasadi
English, P.S. Arwal, District Arwal, Bihar
16. Birendra Sigh Tyagi, Mangat Singh Tyagi, P.S. Bahadurgarh, District Hatur
(U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Weter Resources Department, Government of Bihar,
Patna
3. The Director-Cum-Chief Engineer, Water and Land Management Institute,
Walmi, Phulwari Sharif, Patna
Patna High Court CWJC No.10638 of 2019 dt.19-12-2023
2/3
4. The Commissioner-Cum-Secretary, Water Resources Development
Department, Government of Bihar, Sinchai Bhawan, Patna.
5. Deputy Secretary, Command Area Development Directorate, Old
Secretariat, Bihar, Patna
6. Dy. Development Commissioner-cum-Chairman-cum-Superintending
Engineer-I (Head Office), Gandak Command Area Development Agency,
Muzaffarpur, Bihar.
7. Director, Water and Management Institute, Khagoul, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satyendra Narayan Singh, Adv
For the Respondent/s : Mr.Vinay Kirti Singh (Ga2)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 19-12-2023
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for respondent Nos.2
to 6.
2. All the counsels submit that the Gandak
Command Area Development Agency, Koshi Command Area
Development Agency and Sone Command Area Development
Agency have been merged into Water and Land Management
Institute (in short as the 'WALMI') and Director is the
competent authority to decide the issues raised in the present
writ petition and other similarly situated persons.
3. The present writ petition has been filed prior
to the merger of the said Agencies into WALMI and, therefore,
petitioner is directed to add WALMI as party respondent No.7 in Patna High Court CWJC No.10638 of 2019 dt.19-12-2023
course of the day.
4. Learned counsel for the petitioner submits that
the grievance of the present petitioner is now against newly
added respondent No.7.
5. Therefore, the petitioner is directed to file
fresh representation before the Director, WALMI-respondent
No.7 in this case within four weeks from the date of disposal of
the writ petition and the Director, WALMI, Khagaul, is directed
to consider the grievance of the petitioner within three months
thereafter by way of passing a reasoned and speaking order.
6. It is made clear that in the light of 4(C) of the
notified Bihar State Litigation Policy, 2011, respondent no. 7 is
bound to pass the order.
7. With this direction, the application is disposed
of.
(Dr. Anshuman, J) Sunnykr/-
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