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Patna High CourtCWJC/4613/2022disposed

Sanjeev Kumar Sinha v. The State Of Bihar

2022-08-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4613 of 2022 ====================================================== 1.

Sanjeev Kumar Sinha, Son of Late Ram Babu Sinha, resident of Kaushalaya Kutir, Khasmahal Road no. 4, Sacred Heart School, Chirayantand Patna 800001.

2.

Ved Prakash, Son of Sri Sita Sharan Pandey, resident no. Road no. 12, Gardhanibagh, Anishabad Phulwari District Patna 800002. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary Department of Industry Government of Bihar, Patna.

2.

The Director, Directorate of Handloom Sericulture Department of Industry Bihar Patna.

3.

The Additional Director of Industries Department of Industries Bihar Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Dayal, Advocate For the Respondent/s :

Mr.Abbas Haider, SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-08-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. The parties are ad idem that claim of the petitioners for grant of benefit of ACP and MACP now has to be considered in view of the law laid down by the Division Bench in L.P.A. No.372 of 2019.

Learned Counsel for the State, who has joined through virtual mode, submits that the State cannot deny consideration to the petitioners but strictly within the four corners of the judgment of the Division Bench relied upon by the petitioners.

Patna High Court CWJC No.4613 of 2022(2) dt.26-08-2022 2/2 In view of the aforesaid position, since no adjudication is called for in the instant proceedings, application need not be kept pending.

Learned Counsel for the petitioners submits that they would be making application before respondent no.2 for consideration in light of the judgment of the Division Bench noted above.

In case such representation is filed within four weeks along with copy of this order, respondent no.2 would be obliged to pass reasoned and speaking order on the petitioners' claim in accordance with law. Dues, if any, found admissible must also be processed. The entire exercise should be completed within three months from the date of filing of the representation. Writ application is disposed of.

(Madhuresh Prasad, J) shashank/- U