Hari Mandal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24150 of 2013 ======================================================

1. Hari Mandal S/O Late Vishwanath Mandal Resident Of VillageTelhan, P.O- Tarsarai, P.S- Sadar, District- Darbhanga.

2. Vinay Bhushan Mishra S/O Late Upendra Mishra Resident Of Village Katuka, P.O- Bariaul, P.S- Sadar, District- Darbhanga.

3. Bhoopnarayan Poddar S/O Late Satrugan Poddar Resident Of Village- Nanhkoo Tola, P.O- Durgapur, P.S- Khagaria, DistrictKhagaria. ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary S.C/ S.T. Welfare Department, Patna.

2. The Director, S/C, S.T. Welfare Department, Govt. Of Bihar, Patna.

3. The District Welfare Officer, Darbhanga.

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

For the Petitioner/s :

Mr. Sunil Kumar Karn For the Respondent/s :

Mr. Sanjay Pandey (Gp21) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-09-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have filed the present writ application for a direction to the respondents to consider the case of the petitioners for grant of ACP and MACP.

From the pleadings, it appears that petitioners have completed Kalawadhi for grant of such benefit. On behalf of the respondents a counter affidavit has been filed. In Para-12 it is admitted by the respondents in the counter affidavit filed on 25.3.2014 that the cases of all the three petitioners are under active consideration.

Patna High Court CWJC No.24150 of 2013(2) dt.06-09-2018 2/2 Para-12 of the counter affidavit is quoted below:- "That it is humbly stated and submitted that the cases of all the aforesaid three writ petitioners for grant of A.C.P. and M.A.C.P. with effect from the due date are under active consideration before the competent authority and if they are found eligible appropriate order shall be passed accordingly."

In view of the statement in para-12 of the counter affidavit, the respondents are required to take final decision on the claim of the petitioners for grant of A.C.P. and M.A.C.P., if not already decided within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U