Patna High CourtL.P.A/551/2015disposed

Vikash Kumar v. The State Of Bihar And ORS

2017-07-14Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.551 of 2015 Arising out of Civil Writ Jurisdiction Case No. 9211 of 2013 =========================================================== Vikash Kumar, son of Sri Rajendra Prasad Chaudhary, resident of Sahay Lane, Purabsarai Phanru, P.S. + P.O.- + Town + District- Munger, at present posted as Project Director (ATMA), Vikash Bhawan, Purnea .... .... Appellant

Versus

1. The State of Bihar, through its Principal Secretary, Government of Bihar, Building Construction Department, Visheshwaraiya Bhawan, P.O. + P.S.- Sachivalaya, District- Patna.

2. Executive Officer, Garden Division, Building Construction Department, Secretariat, P.O. + P.S. - Secretariat, District- Patna

3. Ramesh Chandra Chaudhary, son of Late Deo Charan Chaudhary, resident of Punaichak, Police Station- Shastrinagar, District- Patna. .... .... Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Umesh Prasad, Advocate. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 14-07-2017 The only indulgence that this Court is willing to give to the appellant with regard to order dated 19.09.2014 passed in the Writ Application where he was not made a party is that he is given leeway and liberty to offer his explanation to the authority in case an exercise is done to recover 9% of the interest which have been granted by the learned Single Judge for non-payment of a sum of Rs. 87,063/-. If the authorities are satisfied with his explanation and the bona fide thereof then the order of the learned Single Judge to

Patna High Court LPA No.551 of 2015 dt.14-07-2017 2/2 recover interest component from the present appellant may not be enforced.

Appeal stands disposed of in terms of the above observations.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.07.2017 Transmission Date N/A