Rajesh Prasad Gupta And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6862 of 2014 ======================================================

1. Rajesh Prasad Gupta S/O Sri Dinanath Prasad Resident of Mohalla - Mahatma Gandhi Road, Ward No. 15, Narkatiaganj, P.S. - Shikarpur, District - West Champaran.

2. Pankaj Kumar S/O Sri Awadhesh Prasad Resident of Mohalla - Korar, Near Old Dharmshala, Ward No. 16, Narkatiaganj, P.S. - Shikarpur, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector-cum-District Magistrate, Bettiah, West Champaran.

2. The Collector-cum-District Magistrate, Bettiah, West Champaran.

3. The Sub-Divisional Office, Narkatiaganj, District - West Champaran.

4. The Nagar Parishad, Narkatiaganj, District - West Champaran through its Nagar Executive Officer.

5. The Nagar Executive Officer, Nagar Parishad, Narkatiaganj, District - West Champaran.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Geeta Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-05-2015 Learned counsel for the parties are present.

The petitioners along with three others were appointed as tax collection agent on a contract basis on a commission of 4% of the total collections made.

It is the grievance of the petitioners that since January, 2013 until the filing of the writ petition they had made collections of Rs. 4,63,268/- and Rs. 4,19,187/- respectively and deposited the amount in the office of the Nagar Parishad, Narkatiyaganj but they have yet not been paid their 4% commission and hence the writ

Patna High Court CWJC No.6862 of 2014 (2) dt.11-05-2015 2 / 2 petition.

Having heard learned counsel for the parties and taking note of the grievance raised by the petitioners the writ petition is disposed of with liberty to the petitioners to raise their grievances before the Executive Officer, Nagar Parishad, Narkatiyaganj in the District of West Champaran along with descriptive details of the collection made as well as the commission accrued thereon and any such claim raised by the two petitioners would be considered and disposed of by the Executive Officer, Nagar Parishad, Narkatiyaganj within three months from the date of receipt/production of a copy of this order and in case the petitioners are found entitled to the commission as claimed by them, the necessary payment be made within four weeks thereafter, however, in case the claim is not found sustainable it should be disposed of by a speaking order to be passed within the same period.

The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U