Most. Chandrawasiya Devi v. The Patna Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7020 of 2020 ====================================================== Most. Chandrawasiya Devi Wife of late Nanhak Resident of Village Kurkuri, P.O. and P.S.- Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation through its Municipal Commissioner, Budh Marg, Patna- 1 2.

The Municipal Commissioner, Patna Municipal Corporation Budh Marg, Patna.

3.

The Accountant and Finance and Controller, Patna Municipal Corporation Budh Marg, Patna-1.

4.

The Executive Officer, Nutan Rajdhani Anchal Corporation, Budh Marg, Patna.

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the Respondent/s :

Mr. Bindhyachal Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-07-2023 Heard Mr. Vijay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Bindhyachal Singh, learned counsel appearing for the respondent/s.

2. Learned counsel appearing on behalf of the petitioner informs this Court that all the admissible dues have been paid to the petitioner but the petitioner has not been paid statutory interest on account of delay in making payment.

3. The petitioner, if so advised, may file a detail representation along with all the relevant judgment of the Hon'ble Supreme Court as well as this Court to justify his demands for interest on delayed payment at the rate of 12.5 %

Patna High Court CWJC No.7020 of 2020(8) dt.06-07-2023 2/2 in view of the law laid down by the Apex Court in case of State of Kerala vs. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari vs. Uttar Haryana Bijli reported in (2014) 8 SCC 894 and another decisions of this Court.

4. The Municipal Commissioner, Patna Municipal Corporation, must take final decision and make payment of interest on delayed payment within a period of six weeks considering the fact that the payment has been made after delay of nearly 12 years.

5. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani U