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Patna High CourtCWJC/9221/2025disposed

Shatrughan Singh v. The State Of Bihar

2026-05-12Mr. Justice Dr. Anshuman5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9221 of 2025 ====================================================== Shatrughan Singh Son of Late Raghunandan Singh, Resident of Road No. 7, Magadh Colony, Police Station-Magadh Medical, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The District Magistrate cum Collector, Gaya.

5.

The Gaya Municipal Corporation, Gaya through the Chief Executive Officer. 6.

The Town Commissioner, Gaya Municipal Corporation, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Respondent/s :

Mr.Government Pleader (22) For Municipal Corporation:

Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-05-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Gaya, Municipal Corporation.

2. Learned counsel for the petitioner submits that the petitioner has filed the present writ petition for a direction to the respondent authorities, especially respondent no. 6, namely, the Town Commissioner, Gaya Municipal Corporation, to return the

2/5 amount in terms of the order dated 26.11.2024 passed by the Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. Learned counsel for the petitioner further submits that the petitioner had earlier moved before this Hon'ble Court in CWJC No. 12268 of 2024, which was disposed of vide judgment dated 19.08.2024, wherein a direction was issued to the Additional Chief Secretary, Urban Development Department, Government of Bihar, to consider the grievance of the petitioner in accordance with law. Learned counsel further submits that, in compliance with the order passed by this Hon'ble Court, the Secretary, Urban Development Department, Government of Bihar, passed the order dated 26.11.2024, which is Annexure-P/8 to the writ petition, whereby liability amounting to Rs. 7,11,845/- was fixed upon three persons, including the petitioner, and the said amount was directed to be recovered from them.

4. Learned counsel further submits that a letter has been issued by the Commissioner, Gaya Municipal Corporation indicating that an amount of Rs. 2,37,281/- has to be deposited by the petitioner. Learned counsel further submits that the petitioner is ill and that his retiral dues, which are more than the

3/5 amount sought to be recovered, have not yet been paid by the Gaya Municipal Corporation. Learned counsel for the petitioner further submits that the petitioner is facing acute financial hardship and is not interested in challenging the order dated 26.11.2024 passed by the Secretary, Urban Development Department, Government of Bihar. He only prays before this Hon'ble Court for a direction to the authorities to pay his admissible retiral dues after deducting the recoverable amount of Rs. 2,37,281/- as determined by the Secretary, Urban Development Department, Government of Bihar.

5. Learned counsel appearing for the Gaya Municipal Corporation submits that the order dated 26.11.2024 passed by the Secretary, Urban Development Department, Government of Bihar, fixed liability upon three persons, including the petitioner. However, one of the persons has challenged the said order before this Hon'ble Court in CWJC No. 14735 of 2025. He further submits that, in such circumstances, the authority concerned has not been inclined to take any decision with regard to the claims of the persons connected with the said order dated 26.11.2024.

6. Learned counsel for the State, on the other hand, submits that the dispute is essentially between the petitioner and

4/5 the Gaya Municipal Corporation and that the State has no further role to play except that, pursuant to the earlier order of this Hon'ble Court, the Secretary, Urban Development Department, Government of Bihar, has already passed the order dated 26.11.2024.

7. In light of the submissions advanced by the parties, it transpires to this Court that the petitioner, who admittedly was an employee of the Gaya Municipal Corporation and has now retired, earlier approached this Hon'ble Court by filing CWJC No. 12268 of 2024, wherein vide judgment dated 19.08.2024, a direction was issued to the Secretary, Urban Development Department, Government of Bihar. Pursuant thereto, the Secretary passed the order dated 26.11.2024, according to which the petitioner's liability towards payment to the Gaya Municipal Corporation was determined to the extent of Rs. 2,37,281/-. On the other hand, from Annexure-P/9, it appears that the total retiral dues payable to the petitioner amount to Rs. 12,27,601/-. From the submissions advanced on behalf of the petitioner, it further transpires that the petitioner is an aged person in dire need of money and is willing to have the said amount of Rs. 2,37,281/- deducted from his retiral dues. Accordingly, the Commissioner, Gaya Municipal Corporation is directed to

5/5 ensure payment of the admissible retiral dues of the petitioner after deducting the recoverable amount from the same.

8. With the aforesaid observations and directions, the present writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/Manshi AFR/NAFR CAV DATE NA Uploading Date 13.05.2026 Transmission Date NA