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Patna High CourtCWJC/7039/2016dismissed

Jay Jay Singh v. The State Of Bihar And ORS

2016-09-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7039 of 2016 ====================================================== Jay Jay Singh, Son of Late Dina Nath Yadav, resident of Village- Govind Chak, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Agriculture Production Commissioner, Agriculture Department, Government of Bihar, Patna.

3. The Secretary, Agriculture Department, Government of Bihar, Patna.

4. The Director Agriculture Department, Government of Bihar, Patna.

5. The Director Provident Fund, Government of Bihar, Pant Bhawan, Patna.

6. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Respondent nos.1to5 : Mr. Randhir Kumar, AC to SC-18. For the Respondent no.6 : Mr.Binod Kumar Labh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2016 When the matter has been taken up for consideration, a counter affidavit on behalf of the respondent nos.2 to 4 is being filed by the learned State counsel, which is taken on the record. In the aforesaid counter affidavit, it has been stated that, for the same reliefs, which are sought for in the present writ petition, the father of the writ petitioner had also filed CWJC No.10639 of 1998, which was disposed of by a common order dated 19.05.1999. Thereafter, he filed MJC No.3660 of 1999, but that was dismissed on 23.10.2003. In paragraph 9, it has further been stated that the entire retiral dues of the father of the petitioner has already been paid.

The learned counsel appearing on behalf of the petitioner is not in a position to dispute the aforesaid averments. It appears that, after death of his father, the petitioner

Patna High Court CWJC No.7039 of 2016 (2) dt.22-09-2016 has filed the present writ petition, without verifying the relevant facts, for the same cause of action, which is not maintainable and is, accordingly, dismissed.

(Birendra Prasad Verma, J) Arvind/- U