Patna High CourtCWJC/307/2011disposed

Arjun Singh v. The State Of Bihar And ORS

2015-03-27Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.307 of 2011 ====================================================== Arjun Singh, S/o Late Nathuni Singh, Resident of Village- Vishnupura, Police Station- Imadpur, District Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar Through Chief Secretary, Bihar, Patna.

2. Bihar State Cooperative Marketing Union, Through its Chairman, (Biscomaun) Gandhi Maidan, Patna.

3. Chairman, Bihar State Cooperative Marketing Union, (Biscomaun) Gandhi Maidan, Patna.

4. Managing Director, Bihar State Cooperative Marketing Union (Biscomaun) Gandhi Maidan, Patna.

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

For the Petitioner : Mr. Sanjay Kumar, Advocate. Mr. Rahul Nath, Advocate.

For the Respondents : Mr. Mithlesh Prasad Singh, A.C. to S.C. 23 Mr. Partha Sarthy, Advocate.

Mr. Utsav Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 27-03-2015 Learned counsel for the petitioner states that from Paragraph 4 of the counter affidavit filed on behalf of BISCOMAUN, Respondent No. 2, duly affirmed by Sri Nagendra Kumar Singh, Law Officer, it will appear that retiral dues of the petitioner has been paid but he has to verify the said statement as the counter affidavit, though affirmed on 15.10.2014, has been served on the counsel for the petitioner on 24.03.2015, filed in Court on 25.03.2015.

Patna High Court CWJC No.307 of 2011 (4) dt.27-03-2015 2/2 In view of the statement made by the counsel for the petitioner, I dispose of the writ petition in the light of the averments made in the aforesaid paragraph 4 of the counter affidavit observing that if the statement made in the counter affidavit is incorrect, petitioner shall be at liberty to file a short Interlocutory Application for recall of the present order, in that event not only the Law Officer of BISCOMAUN, who has affirmed the affidavit but also Managing Director of BISCOMAUN shall expose himself not only to the charge of per jury but also to the charge of contempt of this Court.

(V.N. Sinha, J) P.K.P.

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