Sri Birendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9569 of 2016 ===========================================================

1. Sri Birendra Kumar Singh s/o Late Kaushal Kishore Singh, Resident of Mohalla- J-15, P.C. Colony, Kankarbagh, Distt. Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary Urban Development and Housing Department, situated at New Secretariat, District- Patna.

2. The Patna Municipal Corporation Through The Municipal Commissioner, District- Patna.

3. The Additional Municipal Commissioner (Establishment), Patna Municipal Corporation Patna.

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

For the Petitioner/s : Mr. Amaresh Kumar Sinha, Adv For the State : Mr.Raj Kishore Rai GP-18 For the P.M.C : Mr. Ranjeet Kumar Pandey, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 17-09-2016 Heard learned counsel for the petitioner, learned counsel for the State respondents as also learned counsel for the respondentCorporation. The learned counsel for the petitioner has taken a definite stand that the present application is confined only for direction to the respondent-Corporation for providing the details of the dues to which the petitioner is legally entitled and for which the

Patna High Court CWJC No.9569 of 2016 dt.17-09-2016 petitioner has filed representation placing the details of the dues to which he is entitled, according to his own version. It has also been pointed out by the learned counsel that the matter has come before this Court earlier in C.W.J.C No. 9575 of 2013 where after taking into notice the stand of the respondent-Corporation admitting the petitioner's entitlement of Rs. 14,36,828/- a direction was given for payment of the said dues and therefore, the petitioner is not raising any grievance in the present application with regard to that. Learned counsel therefore, has reiterated that his prayer is confined to the direction for providing him detailed calculation with regard to his dues.

Learned counsel for the respondent-Corporation has, however, strenuously submitted that this writ application is frivolous as the petitioner has earlier approached this Court, and according to the submissions made by the learned counsel for the petitioner a petition for contempt has also been filed before this Court pertaining to the order passed in the earlier writ application (Annexure-1). Learned counsel has further pointed out the discrepancy made with regard to his claim by the petitioner in paragraph no. 1 of the present writ application and in his representation, Annexure-5 to the present writ application.

After considering the submissions and the materials on

Patna High Court CWJC No.9569 of 2016 dt.17-09-2016 record, this application is disposed of with direction to the respondent-Corporation to provide the detailed calculation of the dues to which the petitioner according to the Corporation is legally entitled. As the petitioner has also filed a representation in this regard on 17.12.2015 (Annexure-5) the respondent-Corporation is directed to pass appropriate order on the said representation within a period of four months from the date of receipt/production of a copy of this order.

(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.09.16 Transmission Date N.A.