Anup Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.12232 of 2011 dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12232 of 2011 =========================================================== Anup Kumar Singh, son of Late Madan Mohan Singh, Chairman, Rampur Aami Primary Agruculture Credit Cooperative Society Ltd., Aami, P.S. Dighwara, District-Saran .... .... Petitioner/s

Versus

1. The State of Bihar, the Collector Saran at Chapra.

2. The Sub-Divisional Officer, Sonepur, District-Saran.

3. The Circle Officer, Dighwara, Anchal-Dhigwara (P.S.), District-Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate. For the Respondent/s : Dr. Shobha Choubey, AC to GP-1. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-10-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for setting aside the order of the District Collector, Saran, Chapra dated 10.05.2011, but in course of arguments, learned counsel for the petitioner confines the relief with regard to payment of dues pursuant to cancellation of the settlement of Ma Ambika Bhawani Aami Mela.

3. Learned counsel for the petitioner invites attention to the impugned order dated 10.05.2011 (Annexure-6) which itself recommends for payment of dues to the petitioner after appropriate deductions.

4. In view of the nature of the grievance of the

Patna High Court CWJC No.12232 of 2011 dt.09-10-2015 petitioner, this writ petition is disposed of with consent, granting liberty to the petitioner to approach the Sub-Divisional Officer, Sonepur, District- Saran (Respondent No. 2) with a fresh representation, who will examine the matter and take steps for payment of the admitted dues of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this judgment. If the admitted amount is not paid to the petitioner within such period then it would be entitled for simple interest at the rate of 10% per annum to be calculated from the date it became due till the date of its final payment. It is further clarified that if the entire claim of the petitioner is not found admitted then it should be communicated the reasons for reaching such conclusion.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/- U