High Court Patna High Court - Orders

Subhash Chandra Sharma &Amp; Ors vs The State Of Bihar &Amp; Ors on 5 October, 2010

Patna High Court – Orders
Subhash Chandra Sharma &Amp; Ors vs The State Of Bihar &Amp; Ors on 5 October, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
               CWJC No.3261 of 1997
                YOGENDRA PRASAD
                       Versus
           THE STATE OF BIHAR & ORS
                        with
                CWJC No.859 of 1997
            KAMLESH NANDAN & ORS
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.1898 of 1997
             BASUDEO PRASAD & ORS
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.6170 of 1997
         KESHAW PRASAD YADAV & ORS
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.6589 of 1997
                 RAJ KUMAR SINGH
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.3533 of 1997
              RAJNISH KUMAR & ANR
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.2381 of 1997
         SHAMBHU SARAN SINGH & ORS
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.1124 of 1997
                  SANJAY KUMAR
                       Versus
           THE STATE OF BIHAR & ORS
                        with
               CWJC No.2382 of 1997
            NILABMAR THAKUR & ORS
                       Versus
        -2-




    THE STATE OF BIHAR & ORS
                 with
        CWJC No.7234 of 1997
   RAM CHANDRA KUMAR & ORS
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.3034 of 1997
          BARUNJAY KUMAR
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.1787 of 1997
SUBHASH CHANDRA SHARMA & ORS
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.2262 of 1997
  RAGHAW PRASAD SINGH & ORS
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.7521 of 1998
 BHUNESHWAR CHOUDHARY & ORS
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.7624 of 1998
    SANTOSH KUMAR JHA & ORS
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.9074 of 1998
       VISHNU KANT SHARMA
                Versus
    THE STATE OF BIHAR & ORS
                 with
         CWJC No.813 of 1999
       MANOJ KUMAR SINGH
                Versus
    THE STATE OF BIHAR & ORS
                 with
        CWJC No.1555 of 2005
      SURJANANDAN PRASAD
                                    -3-




                                        Versus
                            THE STATE OF BIHAR & ORS
                                          with
                               CWJC No.5948 of 1997
                           AKHILESHWAR PRASAD & ORS
                                        Versus
                            THE STATE OF BIHAR & ORS
                                          with
                               CWJC No.5025 of 1997
                              SUSHIL KUMAR PASWAN
                                        Versus
                            THE STATE OF BIHAR & ORS
                                      -----------

15 05/10/2010 After appearance of the Finance Commissioner

and the Chief Engineer (Mechanical), Public Health

Engineering Department, one thing is apparent that the

stand taken by the petitioners that a Committee was

constituted and the Committee has given a report is no

longer in dispute, though, there is information that the

matter has traveled to the Finance Commissioner for

further direction or decision is not correct. Since there

was failure on the part of the two respondents to file

counter affidavit and explain the position they had to be

summoned to the Court to shed light on the issue.

As of today, the report of the Committee is lying

with the Principal Secretary, Public Health Engineering

Department for his deliberations and formulation of a

policy in this regard and appropriate recommendation
-4-

would be required to be made and the stand of the State

in this regard is also required to be brought on record by

the respondents in the present case.

Personal appearance of both the respondents is

hereby dispensed with.

Principal Secretary, Public Health Engineering

Department is now directed to file affidavit as to their

stand on the issue in light of the recommendation of Five

Member Committee headed by the Chief Engineer

(Mechanical), Public Health Engineering Department

which is dated 1.9.2010.

Let this matter come up in the same position on

28.10.2010.

AMIN/                   (Ajay Kumar Tripathi, J.)