IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1278 of 2009 1. YOGENDRA PRASAD SINGH, SON OF LATE RAGHU NANDAN PRASAD SINGH, RESIDENT OF VILLAGE – NIMA, P.S. – AMAS, DISTRICT – GAYA. 2. RAM BILASH SINGH, S/O. VINDHYACHAL PRASAD SINGH, R/O. VILLAGE – DURGA PUR, P.S. – SANGRAM PUR, DISTRICT – MUNGER. 3. BHUBNESHWAR YADAV, S/O. LATE MAHA DEO YADAV, R/O. VILLAGE – PARO, P.S. – BARHATTA, DISTRICT – JAMUI. ……….. PETITIOENRS-APPELLANTS Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, DEOGHAR AT PRESENT GOVT. OF JHARKHAND. 4. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. …RESPONDENTS / RESPONDENTS. 5. SHASHI BHUSHAN PRASAD, S/O. LATE VISHWA NATH PRASAD, R/O. VILLAGE – MIRZA PUR DAMODAR, P.S. SONEPUR, DISTRICT – CHAPRA. ……… PETITIONER NO. 4 .. PERFORMA- RESPONDENTS. ----------- 05 01.04.2010 Heard the parties. Learned counsel for the appellants submits that the order under appeal, indicates that case of the appellants was dismissed in view of the law laid down by Full Bench of this Court in a similar case of one Durga Nand Jha & Ors. Vs. The State of Bihar reported in 2007 (4) PLJR 259. He further submits that against the said judgment, SLP (Civil) No. 23976-23977 of 2008 are pending and hence this appeal be kept in abeyance till disposal of those Special Leave Petitions because the law laid down by the Hon’ble Supreme Court will be applicable to the case of these appellants also. The order under appeal dated 03.07.2009 passed in CWJC No. 6344 of 2000 shows that the writ petition was dismissed in the - 2 - light of judgment passed in the case of Durga Nand Jha & Ors. Since that judgment is by a Full Bench of this Court, we are bound to follow the law laid down in that judgment. Accordingly, this appeal is dismissed. In view of the pendency of the Special Leave Petitions noted above in the Supreme Court, it is deemed necessary to protect the interest of the appellants by observing that even if they are unable to approach the Supreme Court, they will be entitled to the same benefits as the petitioners in the case of Durga Nand Jha, whose Special Leave Petitions are pending, may ultimately get from the Apex Court. For grant of such benefits, if available, the appellants will only have to approach the competent authority with copies of the orders of the Apex Court. Kundan (Shiva Kirti Singh, J.) (Gopal Prasad, J.)