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Patna High CourtCWJC/4444/2017disposed

Arun Kumar Garg And ORS v. The State Of Bihar And ORS

2020-02-27Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4444 of 2017 ====================================================== 1.

Arun Kumar Garg, Son of Late Ram Lakhan Prasad Garg, Proprietor, M/s Lakhan Lal Service Station, Resident of Nabinagar, P.S.- Nabinagar, District- Aurangabad.

2.

Arbind Kumar Singh, Son of Late Rambrij Kishore Singh, Proprietor, M/s Maruti Nandan Service Station, Amba, Resident of P.O. P.S.- Amba, District- Aurangabad.

3.

Manju Kumari, Wife of Late Jaibind Kumar, Resident of Village- Khudwan, P.S. Haspura, District- Aurangabad, Proprietor, M/s Nath Service Station, At- Etwan Khudwan, P.S.- Haspura, District- Aurangabad. 4.

Manoj Kumar, Son of Late Radhemohan Singh, Resident of Village- Dadar, P.S.- Goh, District- Aurangabad, Proprietor, M/s Krishna Auto Centre, Jajapur.

5.

Anjani Kumar Prasad Singh, Son of Late Ragho Prasad Singh, Proprietor, M/s Kumar Brothers, Bakharua More, Daudnagar, P.S.- Daudnagar, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Panchayati Raj Department, Goverment of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Chief Election Commissioner, Panchayat Raj Election Commission, Patna.

5.

The District Election Officer-cum- District Magistrate, Aurangabad. 6.

The District Panchayat Raj Officer, Aurangabad. 7.

The Additional Collector-cum- Senior Incharge Officer, Vehicle Cell, Aurangabad.

8.

The Block Development Officer-cum-Returning Officer, Nabinagar, Aurangabad.

9.

The Block Development Officer-cum-Returning Officer, Kutumba, Aurangabad.

10.

The Block Development Officer-cum-Returning Officer, Haspura, Aurangabad.

11.

The Block Development Officer-cum-Returning Officer, Daudnagar, Aurangabad.

12.

The Block Development Officer-cum-Returning Officer, Goh, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate

Patna High Court CWJC No.4444 of 2017 dt.27-02-2020 2/3 For the Respondent/s :

Mr. Kameshwar Prasad Gupta-GP 10 Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-02-2020 The petitioners have approached this Court for a direction to the respondent authorities to pay to them the admissible dues accrued on account of supply of fuel (diesel, petrol and other lubricants) during Panchayat election, 2016 in the district of Aurangabad. It has been submitted on behalf of the petitioners that the vouchers/bills raised by them were verified and found to be correct. The payments have not been made because of lack of funds and there being no allotment. This cannot be the reason for withholding the payment of the rightful dues of the petitioners. The petitioners are directed to make a suitable representation, annexing a copy of this order before the District Election Officer-cum-District Magistrate, Aurangabad (respondent no. 5) within a period of four weeks, who, on receipt of such representations shall look into the matter, verify the statement made on behalf of

Patna High Court CWJC No.4444 of 2017 dt.27-02-2020 3/3 respondents and if the claim is found to be tenable, would process the file and ensure that the payment is made to the petitioners forthwith, preferably, within a period of ninety days of the receipt of such representations. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2020 Transmission Date