Shivendra Prasad Singh vs The State Of Bihar &Amp; Ors on 13 January, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                            CWJC No.37 of 2011
                   Shivendra Prasad Singh, son of Late Sataydeo Prasad Singh, resident of
                   village-Adauri, P.S. Purnahiya, District-Sheohar.
                                                                           .......Petitioner.
                                                    Versus
                   1. The State of Bihar through the Principal Secretary, Water Resource
                       Department, Irrigation Building, Patna.
                   2. The Engineer in Chief, Water Resource Department, Bihar, Patna.
                   3. The Superintending Engineer, Bagmati Canal, under Water
                       Resource Department, Muzaffarpur.
                   4. The Executive Engineer, Bagmati Division No.1, Sitamarhi,
                       District-Sitamarhi.
                   5. The Chief Engineer, Bagmati Division, posted at Riga, District-
                       Sitamarhi.
                   6. The Assistant Engineer, Bagmati Division No.1, Riga at Sitamarhi,
                       District-Sitamarhi.
                                                                         ......Respondents.
                                                   -----------

For the petitioner : Mr. Ashok Kumar Jha, Advocate.
For the State : Mr. Baidya Nath Thakur, A.C. to S.C. IV.

——–

03/ 13.01.2011 Heard learned counsel for the petitioner and learned

counsel for the State of Bihar and its authorities.

This writ petition has been filed by the petitioner for

directing the Executive Engineer, Bagmati Division No.1,

Sitamarhi (respondent no.4) to release the admitted dues to the

petitioner to the tune of Rs.43,200.00 and Rs.8,717.00 along with

earnest money as well as security deposit by the petitioner in terms

of agreement no. 21F2 and 22F2 of 2000-2002, which, according

to the petitioner, was the admitted amount due upon the

respondents in view of the measurement book passed by the

authorities concerned and also for other ancillary reliefs.

It transpires that the petitioner had filed an application

in the year 2006 before the aforesaid respondent no.4 with respect

to the aforesaid relief but the same has not yet been disposed of.
-2-

In the aforesaid facts and circumstances, the petitioner

seeks permission to withdraw this writ petition in order to file a

fresh application before the aforesaid respondent no.4 for his

aforesaid grievances.

Accordingly, this writ petition is disposed of as

withdrawn with the aforesaid liberty. If such an application is filed

by the petitioner before respondent no.4 within fifteen days from

today, the said authority shall decide it in accordance with law

within two months thereafter.

(S. N. Hussain, J.)

Sunil