Patna High CourtCWJC/12136/2015dismissed

Shambhu Nath Singh v. The State Of Bihar And ORS

2017-05-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12136 of 2015 =========================================================== Shambhu Nath Singh, son of Late Suraj Shekhar Prasad Singh, resident of Village - Basudewa, Police Station - Singhia, District - Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary-Cum-Commissioner, Road Construction Department, Government of Bihar, Patna.

3. Secretary, Road Construction Department, Government of Bihar, Patna.

4. Darbhanga Municipal Corporation, Darbhanga through its Municipal Commissioner.

5. Municipal Commissioner, Darbhanga Municipal Corporation, Darbhanga.

6. District Certificate Officer, Darbhanga.

.... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Baidya Nath Thakur, Adv. Mr. Shekhar Kumar Thakur, Adv.

Mr. Prabhakar Thakur, Adv.

For the State : Mr. Nagendra Prasad yadav, S.C.-23 For the Municipal Corporation: Mr. Bindhyachal Rai, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-05-2017 Heard learned counsel appearing for the respective parties.

This matter relates to the proceeding initiated under the Public Demands Recovery Act, for payment of Rs.12,13,253/- . Earlier, the petitioner has deposited an amount of Rs.7,70,666/- and Rs.4,42,587/- was lying as due against the State Government. The State Government, in pursuance of the order of this Court, has remitted the money for utilizing the outstanding

Patna High Court CWJC No.12136 of 2015 dt.11-05-2017 2/2 dues. As on today, the entire outstanding amount of Rs.12,13,253/- has already been liquidated by the petitioner and in pursuance thereof, 'No Dues Certificate' has been issued by the Darbhanga Municipal Corporation.

In such view of the matter, the present petition has been rendered infructuous. However, learned counsel for the petitioner submits that the petitioner is not only entitled to Rs.4,42,587/- , but he is entitled more than that. The petitioner, if so advise, may take legal course as available under the law. With the aforesaid observations and directions, this writ application is dismissed as having become infructuous. (Shivaji Pandey, J) Pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 12.05.2017 Transmission Date N/A.