Patna High Court
Sandeep KumarversusThe State of Bihar through Shri Chaityna Prasad, the Principal Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted the petitioner liberty to challenge the order dated 30‑03‑2024.
Summary
Sandeep Kumar, a Sub‑Divisional Officer in the Water Resources Department, filed a petition seeking permission to challenge an order dated 30‑03‑2024 issued by the Superintending Engineer, Flood Control Circle, Bhagalpur, which was made in compliance with the High Court’s earlier order dated 13‑12‑2023 in CWJC No.19139 of 2021. The petitioner argued that he needed liberty to contest the later order through the appropriate legal process. The Court examined whether such liberty could be granted after the order had already been passed. It held that the petitioner was entitled to be given liberty to challenge the order. Accordingly, the petition was disposed, granting the requested liberty.
Issues considered
- What is the scope of liberty that can be granted to a petitioner to challenge an administrative order passed after a prior court direction?
Subjects
- civil writ jurisdiction
- procedural liberty
- administrative order
- water resources
- flood control
- high court order
- challenge of order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2294 of 2024
In
Civil Writ Jurisdiction Case No.19139 of 2021
======================================================
Sandeep Kumar, Male, Son of Lakhan Prasad, resident of Mohalla Bengali
Road Mithapur, B- Area, Patna - 800001 and presently posted as Sub-
Divisional Officer (Assistant Engineer), Tirhut Canal, Sub- Division- 2,
Headquarter, Bettia, West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Chaityna Prasad, the Principal Secretary
now as Additional Chief Secretary, Water Resources Department,
Government of Bihar, Sinchai Bhavan, Patna.
2. Ranbir Prasad, C/o Awadhesh Przasad Near UCO Bank, Pillar No. 49 Raja
Bazar Police Station Shashtri Nagar, Post Office B.V. College, Patna –
800014. Retired Superintendeing Engineer, Water Resources Department,
Government of Bihar, Patna.
3. Shri Bikram Kumar, the Executive Engineer, the Flood Control Diision
Bounsi, Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nirmal Kumar, Advocate
For the Opposite Party/s : Government Pleader 7
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 13-02-2026 The learned counsel for the opposite parties submits
that in compliance of the order of this Court dated 13.12.2023
passed in CWJC No. 19139 of 2021, the Superintending
Engineer, Flood Control Circle, Bhagalpur has already passed a
reasoned order dated 30.03.2024.
2. In view of the aforesaid, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to challenge
the aforesaid order dated 30.03.2024 by taking recourse to the
Patna High Court MJC No.2294 of 2024(3) dt.13-02-2026
2/2
due process of law. Liberty, so sought, is granted.
3. Accordingly, the present petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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