Chandra Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8315 of 2022 ====================================================== Chandra Kumar Jha S/o Late Ram Lochan Jha R/o Village- Keota, P.O.- Shubhankarpur, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, the Department of Prohibition, Excise and Registration, Govt. of Bihar, Patna. 2.

Excise Commissioner, the Department of Prohibition, Excise and Registration, Govt. of Bihar, Patna.

3.

Joint Commissioner, Excise, Bihar, Patna.

4.

Superintendent of Excise, Sheohar.

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

For the Petitioner/s :

Mr.Baidya Nath Thakur, Advocate For the Respondent/s :

Mr.Kumar Manish ( Sc 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2024 The present writ petition has been filed seeking the following reliefs:- "(1) For direction to the Excise Commissioner, the Department of Prohibition, Excise & Registration (Excise), Govt. of Bihar, Patna to grant 3rd ACP to the petitioner with effect from 27.05.2010 with all monetary benefits who superannuated from the post of Sub Inspector of Excise, Sheohar on 31.03.2013.

(11) For direction to the Excise Commissioner, the Department of Prohibition, Excise & Registration, Govt. of Bihar, Patna to pay the arrears of salary and pension consequent upon the grant of 3rd ACP to the petitioner with effect from 27.05.2010."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.8315 of 2022(2) dt.09-01-2024 2/2 respondent-State has submitted by referring to the counteraffidavit filed in the present, more particularly paragraph no.5 thereof that the Department of Prohibition, Excise & Registration, Government of Bihar, Patna vide memo no.185 dated 23.02.2012 had already granted the benefit of third ACP to the petitioner with effect from 10.07.2011, hence the present writ petition has become infructuous.

3.

The learned counsel for the petitioner submits that if that be the position, the present writ petition be disposed off, however, with a direction to the respondent-authorities to pay the consequential benefits, if not already paid, within a period of four weeks from today. It is directed, accordingly. 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U