The State Of Bihar vs Shiv Kumar Datta
2024 Latest Caselaw 435 Patna

Patna High Court

The State Of Bihar vs Shiv Kumar Datta on 16 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.956 of 2019
                                        In
                  Civil Writ Jurisdiction Case No.19899 of 2016
     ======================================================
1.    The State Of Bihar through the Principal Secretary, Water Resources
      Department, Government of Bihar, Sinchai Bhawan, (Third Secretariat),
      Patna-1
2.   The    Chief    Engineer,   irrigation   Creation     Water      Resources
     Department,Bhagalpur Zone, Office at Barari, P.S. Kotwali (Industrial Area),
     Town and District-Bhagalpur
3.   The Executive Engineer, Water Resources Department, Irrigation Division,
     Biji Kharwa, District-Banka
4.   The District Magistrate, Bhagalpur.

                                                                ... ... Appellant/s
                                       Versus

     Shiv Kumar Datta Son of Late Tej Narayan Datta Resident of Village-Dhouni,
     P.O. and P.S. Tarapur, District-Munger.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Deepak Sahay Jamuar, AC to AAG 4
     For the Respondent/s   :     Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
                         ORAL JUDGMENT
           (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 16-01-2024


                 State has filed the present appeal while assailing the

     order dated 16.11.2017 passed in CWJC No. 19899 of 2016. The

     aforementioned writ petition was decided in the light of order

     passed in CWJC No. 49 of 2017 (Manoj Kumar Singh vs. State of

     Bihar and Others).
              Patna High Court L.P.A No.956 of 2019 dt.16-01-2024
                                                          2/2




                                  2. The State preferred LPA No. 384 of 2018 in the case

                    of Manoj Kumar Singh cited supra and suffered an order on

                    12.07.2019

. Still aggrieved by the order of this Court, the State

preferred Special Leave Petition (Civil) Diary No. (s)

12956/2020 before the Apex Court and suffered an order on

15.10.2020. Faced with these facts and circumstances, present LPA

petition stands dismissed.

3. Pending I.A., if any, stands disposed of.

4. At this stage, learned counsel for the State, on

instruction, submitted that respondent's name has been considered

for the purpose of regularization and all necessary benefits have

been extended, the same is taken note of.

(P. B. Bajanthri, J)

(Ramesh Chand Malviya, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.01.2024
Transmission Date       NA