Deonandan Baitha v. The State Of Bihar Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13718 of 2021 ====================================================== Deonandan Baitha Son of Sarug Baitha resident of village - Mohanpur, P.O. - Bariyarpur, Police Station and District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

The District Magistrate, Sitamarhi.

3.

The Additional Collector, Sitamarhi.

4.

The Sub-Divisional Officer, Sadar Sitamarhi.

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

For the Petitioner/s :

Mr.Mriganj Mouli, Sr.Advocate Mr.Aujdhi Kr. Sinha, Advocate For the Respondent/s :

Mr.P.K. Verma (Aag3) Mr.Suman Kr. Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To issue a Writ in the nature of Certiorari for quashing the order as contained in Memo no.573 dated 26.12.2020 as same is in teeth of order dated 10.04.2019 passed in CWJC No.11647 of 2013 and same is wholly without jurisdiction, illegal, arbitrary and violative of principles of natural justice.

(ii) Consequent upon quashing of the same issuance of Writ in the nature of Mandamus commanding the respondents to pay the salary and other monetary benefits as well as other pensionary benefits to which the petitioner is

Patna High Court CWJC No.13718 of 2021(3) dt.17-02-2024 2/2 entitled in accordance with law."

2. At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 26.12.2020, by filing appropriate appeal. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed, within a period of two weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U