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Patna High Court

Amar Deep Paswan Alias Aman Deep Paswan vs Sri Yogendra Narayan Singh on 29 July, 2021

Author: S. Kumar

Bench: Chief Justice, S. Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.273 of 2020
                                        In
                 Miscellaneous Jurisdiction Case No.4376 of 2018
     ======================================================
     Amar Deep Paswan alias Aman Deep Paswan Son of Sri Yogendra Paswan
     Resident of Mohallah- Bela Asthan, P.O.- L.N.M.U. Campus Darbhanga,
     District- Darbhanga. Presently posted as Executive Engineer, Water
     Resources Department, Saharsa (Bihar).

                                                              ... ... Appellant/s
                                       Versus
1.   Sri Yogendra Narayan Singh Son of Late Raghu Nandan Singh Resident of
     Village- Gamali, P.S.- Uda Kishanganj, District- Madhepura.
                                ....opposite party 1st set- respondent 1st set
2.   The State of Bihar through the Collector, Madhepura.
3.   The Engineer-in-Chief-cum-Special Secretary, Water Resources Department,
     Government of Bihar at Patna.
4.   The Chief Engineer, Kosi Project, At and P.O. and P.S.- Birpur, District-
     Supaul.
5.   The Superintending Engineer, Drainage Circle, At and P.S. and District-
     Saharsa.
                          Opposite party II nd set - respondent II nd set
                                                        ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Dhanendra Chaubey, Advocate
     For the Respondent/s   :     Mr. Anjani Kumar, AAG 4
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE S. KUMAR
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 29-07-2021 Heard the parties.

This LPA has been filed for setting aside the order dated 19.02.2020 passed in M.J.C. No.4376 of 2018 (arising out of C. Mis. No.892 of 2017) passed by learned Single Judge by which learned Single Judge dismissed the modification petition.

Patna High Court L.P.A No.273 of 2020 dt.29-07-2021 2/2 It is submitted by learned counsel for the State that original order dated 28.08.2018 was passed by learned Single Judge in C. Mis. No.892 of 2017 under Article 227 of Constitution of India against which no LPA was maintainable and appellant filed a modification petition for modification of said order being MJC No.4376 of 2018 which was dismissed by order dated 19.02.2020 against which present LPA has been preferred which is not maintainable.

LPA is dismissed as not maintainable.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.07.2021
Transmission Date       NA