Dismissed¶¶62

The State Of Bihar and Ors. v. Jawahar Lal Malakar

Patna HC21 Mar 2024L.P.A/1792/2018

Case brief

AI extract

What is this about?

Keywords: Letters Patent Appeal; Patna High Court; State of Bihar; Public Health Engineering Department; Tube Well Khalasi/Key Man-cum-Chaukidar; parity with Birendra Kunwar (CWJC No. 1791 of 2008, order dated 28.06.2017); extension of benefit; impugned orders dated 28.08.2018 in CWJC Nos. 9443/2017, 8777/2017 and 9720/2017; failure to furnish precedent order; dismissal with costs Rs.5,000/- each; Patna High Court Legal Services Authority; advocates S.Raza Ahmad (AAG-5) and Vijay Kumar Singh.

What did the court decide?

None to the appellants; the writ disposals of 28.08.2018 were left intact and the State was saddled with costs of Rs.5,000/- per appeal, payable to the Patna High Court Legal Services Authority within four weeks. ¶¶62

The State Of Bihar and Ors. Vs Jawahar Lal Malakar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶62

Issue for consideration

Whether the State's LPAs against the writ disposals (orders dated 28.08.2018 in CWJCs Nos. 9443/2017, 8777/2017 and 9720/2017, each decided in the light of Birendra Kunwar) could succeed where the State neither furnished the Birendra Kunwar order nor showed how the respondents' cases differed from it.

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Court's answer

The LPAs fail because the appellants-State did not furnish the order passed in Birendra Kunwar, did not show how the respondents' cases (e.g., Surendra Singh's) are different, and did not apprise the court whether any LPA exists against Birendra Kunwar; accordingly the writ disposals stand unimpeached.

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Ratio / Principle

The present LPAs stand dismissed with cost of Rs.5,000/- each, the cost to be remitted to the Patna High Court Legal Services Authority within four weeks.

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Detailed headnote1 paragraphs

Patna High Court (P. B. Bajanthri & Alok Kumar Pandey, JJ.; oral order per Bajanthri, J.), 21-03-2024: Letters Patent Appeals Nos. 1791 and 1792 of 2018 and 405 of 2019 by the State of Bihar and Public Health Engineering Department officials against the orders dated 28.08.2018 disposing of CWJCs Nos. 9443, 8777 and 9720 of 2017, under which Tube Well Khalasi/Key Man-cum-Chaukidar petitioners (Surendra Singh, Jawahar Lal Malakar and Doleshwar Prasad) were to be examined for parity with, and extension of, the benefit given in Birendra Kunwar (CWJC No. 1791 of 2008, order dated 28.06.2017). Held: since the State furnished neither the Birendra Kunwar order nor any showing that the respondents' cases were different, and did not apprise the court of any LPA against Birendra Kunwar, the LPAs were dismissed with costs of Rs.5,000/- each, remittable to the Patna High Court Legal Services Authority within four weeks.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1791 of 2018 In

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Civil Writ Jurisdiction Case No.9443 of 2017

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======================================================

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The State Of Bihar and Ors

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The Principal Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna

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The Engineer-in-Chief-cum Special Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna

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The Chief Engineer, Public Healh Engineering Department, Government of Bihar, Patna.

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The Superintending Engineer, Public Health Engineering Circle, Motihari.

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The Executive Engineer, Public Health Division, Dhaka, District- East Champaran.

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The Assistant Engineer, Public Health Sub-Division, Pakaridayal DistrictEast Champaran at Motihari

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... ... Appellant/s

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Versus

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Surendra Singh S/o- Sri Kaplideo Singh, R/o- village-Chapra Bihari Tola, Bhusaulwa, P.S- Pakari DAyal, District- East Champaran at Motihari, presently working as Tube Well Khalasi/Key Man-Cum-Chaukidar, Public Health Division, Dhaka, District-East Champaran at MOTIHARI

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... ... Respondent/s

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======================================================

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with Letters Patent Appeal No. 1792 of 2018

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Civil Writ Jurisdiction Case No.8777 of 2017

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======================================================

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The State Of Bihar and Ors

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The Principal Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

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The Engineer- in-chief-cum- Special Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

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

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The Superintending Engineer, Public Health Engineering Circle, Motihari.

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The Executive Engineer, Public Health Division, Dhakha, Distict- East Champaran.

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The Assistant Engineer, Public Health Sub-Division, Chhauradano, DistrictEast Champaran at Motihari

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Patna High Court L.P.A No.1791 of 2018(12) dt.21-03-2024 2/4

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... ... Appellant/s

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Versus

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Jawahar Lal Malakar s/o- Late Jageshwar Malakar, R/o-village Kurhan, P.O. and P.S.- Sahebpur Kamal, District- Begusarai, Presently Working as Tube Well Khalasi/Key Man-cum-Chaukidar, Public East Champaran at Motihari

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... ... Respondent/s

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======================================================

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with

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Letters Patent Appeal No. 405 of 2019 In Civil Writ Jurisdiction Case No.9720 of 2017

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======================================================

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

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The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

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

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The Superintending Engineer, Public Health Engineering Circle, Motihari.

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The Executive Engineer, Public Health Division, Dhaka, District-East Champaran.

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The Assistant Engineer, Public Health Sub-division, Dhaka, District-East Champaran at Motihari.

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... ... Appellant/s

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Versus

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Doleshwar Prasad Son of Sri Ramchandra Prasad Resident of VillageMadhubani Ghat, P.S.-Motihari Muffasil, District-East Champaran at Motihari, presently working as Tube Well Khalasi/Keyman-cum-Chaukidar, Public Health Sub-Division, Dhaka, District-East Champaran at Motihari.

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... ... Respondent/s

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======================================================

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Appearance : (In Letters Patent Appeal No. 1791 of 2018) For the Appellant/s : Mr. S.Raza Ahmad AAG-5 For the Respondent/s : Mr. Vijay Kumar Singh, Advocate (In Letters Patent Appeal No. 1792 of 2018) For the Appellant/s : Mr. S.Raza Ahmad AAG-5 For the Respondent/s : Mr. Vijay Kumar Singh, Advocate (In Letters Patent Appeal No. 405 of 2019) For the Appellant/s : Mr. S.Raza Ahmad AAG-5 For the Respondent/s : Mr. Vijay Kumar Singh, Advocate

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======================================================

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Patna High Court L.P.A No.1791 of 2018(12) dt.21-03-2024 3/4

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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12 21-03-2024 State has filed the present LPAs in assailing the order dated 28.08.2018 passed in C.W.J.C. No. 9443/2017. It is a short order, therefore, it is reproduced and it reads as under:-

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“ Learned counsel for the petitioner submits that the order dated 28.06.2017 passed in C.W.J.C. No. 1791 of 2008 (Birendra Kunwar Vs. The State of Bihar & Ors.) squarely covers the case of the present petitioner.

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In that view of the matter, let the authority concerned should examine the fact of the present case and the case of Birendra Kunwar (supra) and if it is found that both the cases are identical, the same benefit should also be extended to the present petitioner as has been given to Birendra Kunwar.

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With the aforementioned, observation, this writ application is disposed of.”

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The appeal is against the order dated

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28.08.2018 passed in C.W.J.C. 9443/2017 and such

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order was decided in the light of order dated 28.06.2017 passed in CWJC No.1791/2008 (Birendra Kunwar vs. The State of Bihar & Ors. On

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Patna High Court L.P.A No.1791 of 2018(12) dt.21-03-2024 4/4

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the other hand, appellants-State have not furnished copy of the order passed in Birendra Kunwar so as to how Surendra Singh case is different or is their any LPA against Birendra Kumar and State has not apprised in the present L.P.A.

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Accordingly, the present LPAs stand dismissed with cost of Rs.5,000/- each. Cost shall be remitted in the Patna High Court Legal Services Authority within a period of four weeks from today.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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amitkumar/-

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The State Of Bihar and Ors. v. Jawahar Lal Malakar

Case brief

What is this about?

What did the court decide?

The State Of Bihar and Ors. v. Jawahar Lal Malakar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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