Anita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4173 of 2019 ====================================================== Anita Singh Wife of Abhay Kumar Singh, Resident of Village- Civil Line P.S. Buxar Town, District- Buxar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principle Secretary Minor Irrigation Department, Patna, Bihar.

2.

The Deputy Secretary Minor Irrigation Department, Patna, Bihar. 3.

The Engineer in Chief, Minor Irrigation Department, Patna, Bihar. 4.

The Chief Engineer, Minor Irrigation Department, Patna, Bihar. 5.

The Superintendent Engineer, Minor Irrigation Department, Mohania. 6.

The Executive Engineer, Minor Irrigation Department, Mohania, Kaimur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Sita Ram Yadav (GP-16) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-07-2019 In view of the statements made in the Paragraph 11 of the counter affidavit which reads as under :- "11) That it is submitted that the petitioner's amount for quality check has been already paid to her but as per the Notification no.

4042 dated 17.10.17 the amount of royalty is not payable to her. The said notification clearly states that if any royalty is not returned on the pending matter of 'M' and 'N' then no royalty will be aid after 11.10.2017, since Seigniorage Fee System has been effected from 01.11.2017."

it appears to this Court that the claim of the petitioner is a disputed claim which cannot be adjudicated in the present writ application that too when the Government's

Patna High Court CWJC No.4173 of 2019(2) dt.11-07-2019 2/2 notification bearing No. 4042 dated 17.10.2017 Annexure 'A' to the counter affidavit is not under challenge in the present writ application.

This writ application is being disposed off with liberty to the petitioner to pursue her claim, if any, before the appropriate court/forum in a duly constituted proceeding in accordance with law.

(Rajeev Ranjan Prasad, J) ved/vats U