Patna High CourtMJC/3112/2015allowed

The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad Katihar v. Pramila Devi And ORS

2018-10-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3112 of 2015 IN Civil Writ Jurisdiction Case No. 15186 of 2013 =========================================================== The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, Katihar .... .... Petitioner/s

Versus

1. Pramila Devi, W/o Abhimanyu Kumar Singh, resident of Village- Basuhar Majdia, P.S.- Kursela, District-Katihar

2. The State of Bihar.

3. The District Magistrate, Katihar.

4. The District Engineer, Zila Parishad, Katihar. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. K.B. Nath, Mr. Durga Narayan, Advocates For the OP No. 1 : Mr. Sanjeev Kumar Singh, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-10-2018 The present petition has been filed for modification of the order dated 15.09.2015 passed in CWJC No. 15186 of 2013.

2. Learned counsel for the petitioner submits that owing to inadvertence, it could not be pointed out at the time of passing the order by this Court that the amount of Rs. 5,10,000/- was deposited by the petitioner, not in pursuance of the demand made by Respondent No. 4, but such payment has been made in relation to the demand by the Programme Officer, Kursela under a different scheme.

3. Learned counsel for the opposite party no. 1 appears. However, despite grant of four weeks' time, no show cause has been filed.

4. None appears on behalf of the State when the matter is called today.

Patna High Court MJC No.3112 of 2015 dt.01-10-2018

5. Having regard to the stand of the petitioner, which has not been controverted by the opposite parties, the order dated 15.09.2015 passed in CWJC No. 15186 of 2013 is hereby recalled.

6. MJC No. 3112 of 2015 stands allowed.

7. Let CWJC No. 15186 of 2013 be listed under the heading "For Admission" after three weeks.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 05.10.2018 Transmission Date NA