Mohd. Mumtaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1935 of 2023 ====================================================== Mohd. Mumtaz Alam Son of Munnu Hazi Resident of Near Badi Imli Ansar Nagar, P.S.- Gondapur, District- Nawada proprietor Chunnu Tent House Situated at Station Road, Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Nawada. 2.

The District Magistrate-cum-Collector cum District Election Officer (Panchayat), Nawada.

3.

The Deputy Development Commissioner, Nawada.

4.

The Additional Collector-cum-Additional Magistrate, Nawada. 5.

The District Panchayat Raj Officer, Nawada.

6.

The S.D.O., Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-03-2023

1. Learned counsel for the petitioner has invited attention to the order passed by the Division Bench in C.W.J.C. No. 13024/2022 (M/s Raghoji House of Distribution Vs. The State of Bihar & Ors.), wherein the Division Bench has observed as under:- "12. In this view of the matter, we are constrained to dispose of the present petition with the following direction(s):- (a) The Chief Secretary, Government of Bihar, shall issue appropriate directions to the heads of all the concerned departments ensuring expeditious, consideration

Patna High Court CWJC No.1935 of 2023(2) dt.22-03-2023 2/3 of the claims/counter claims set up by the parties, including that of the State; disposal of requests/representations; and disbursement of money undisputedly found due and payable;

(b) The person empowered and authorized to take such a decision be directed to have the needful done within a reasonable period which normally, unless the laws otherwise prescribes, should not be more than six months from the date of receipt of such claim;

(c) In the event of the authority concerned sitting over the matter or not taking any action, appropriate action be taken/proceedings initiated against such person; (d) In so far as the instant case is concerned, Respondent No. 2, namely, the Principal Secretary, Agriculture Department, Government of Bihar, Patna, is directed to have the petitioner's case examined and ensure early decision and disbursement of petitioner's legitimate dues payable under the work order. This, positively be done within a period of two months from today."

2. While the aforesaid observations bind the respondents, individual claim of the petitioner if not paid has to be taken up before the concerned authorities, as noticed hereinabove.

3. Granting liberty to the petitioner to seek remedy under the Act of 1996, the writ petition is dismissed as not

Patna High Court CWJC No.1935 of 2023(2) dt.22-03-2023 3/3 maintainable.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 28 U