IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4947 of 2010 Bharat Singh son of late Ambika Singh, resident of Village Susnar, P.O.Bharthauli, P.S.Aurangabad, district Aurangabad( Bihar) … . … Petitioner Versus 1. State of Jharkhan through its Secretary, Water Resources Deptt. Govt. of Jharkhand, Nepal House, Doranda, Ranchi 2. The State of Bihar 3. Ajay Nayak, the Principal Secretary, Water Resources, Deptt. Govt. of Bihar, Patna 4. Shashi Bhushan Tiwary, the Deputy Secretary, Water Resources Deptt.Govt of Bihar, Patna 5. The Chief Engineer, Aurangabad( Bihar)(Old Chief Engineer, Water Resources Deptt. Daltonganj), Jharkhand 6. Md. Majrul Haque, Executive Engineer, North Koel Canal Division, Gaya(Old name North Koel Canal Div.),Amas Camp, Sherghati, Bihar … … Opp. Parties For the petitioner: Shri Shailesh Kumar Sharma,Adv. For the State of Bihar: Shri Lalit Kishore, A.A.G.I Shri J.S.Arora, S.C.6 For the State of Jharkhand: Shri Satyavart Verma, S.C. of Jharkhand State ----------- 2. 4.2.2011 This application arises out of the order dated 5.3.2010 passed by a Division Bench of this Court in Letters Patent Appeal No. 178 of 2010. The said order was passed at the instance of the State of Jharkhand being impleaded by this Court on I.A.No. 1960 of 2010. The Bench modify the order passed by the learned Single Judge in C.W.J.C.No. 1269 of 2004 in the following terms: “In view of aforesaid, we modify the order of the learned Single Judge to the extent that it will be open to the appellant State, namely, State of Jharkhand to pass a fresh order by ascribing cogent and germane reasons considering the show cause/reply filed by the respondent-writ petitioner in proper perspective.” Even though the petitioner’s counsel argued before this Court that no order has been passed by the State of 2 Jharkhand in spite of the fact that he has filed his reply/show cause, learned counsel appearing on behalf of the State of Jharkhand assured this Court that the order will be passed within a period of eight weeks from today. On passing of such order, the petitioner is permitted to agitate the same before the appropriate forum in accordance with law, if he is so aggrieved. With the above observation, this M.J.C. application is closed. Kanth ( T. Meena Kumari, J.) ( Dharnidhar Jha, J.)