Manoj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21844 of 2014 ===========================================================

1. Manoj Kumar, son of late Radhemohan Singh, M/s Krishna Auto Centre, Jajapur, resident of village-Dadar, P.S.- Goh, District, Aurangabad

2. Arun Kumar Garg, son of late Ram Lakhan Prasad Garg, resident of village / M/s Lakhanlal Service Station, Nabinagar, P.S. Nabinagar, DistrictAurangabad

3. Arbind Kumar Singh, son of late Rambrij Kishore Singh, M/s Maruti Nandan Service Station, Amba, resident of P.O. + P.S. Amba, District, Aurangabad .... .... Petitioners

Versus

1. The State of Bihar

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar, Patna

4. Chief Election Commissioner, Panchayat Raj Election Commission, Patna

5. The District Election Officer-cum-District Magistrate, Aurangabad

6. The District Panchayat Raj Officer, Aurangabad

7. Additional Collector-cum-Senior Incharge Officer, Vehicle Cell, Aurangabad

8. Block Development Officer-cum-Returning Officer, Goh, Aurangabad

9. Block Development Officer, Kutumba, Aurangabad

10. Block Development Officer, Nabinagar, Aurangabad .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Santosh Kumar Pandey, Advocate For the State : Mr. Rajeev Shekhar, A.C. to G.P. 24 For the respondent no.4 : Mr. Amit Shrivastava, Mr. Girish Pandey, Advocates =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 18-03-2015 Petitioners seek direction for payment of admitted dues along with the interest etc. as upon the direction of respondent no.5, the District Election Officer-cum-District Magistrate, Aurangabad they were directed to supply fuel during the general Panchayat General Election 2011. They were even required to maintain reserve

Patna High Court CWJC No.21844 of 2014 dt.18-03-2015 2 / 2 so that there would be no difficulty in providing fuel to the vehicles which were being utilized in election work.

A counter affidavit has been filed on behalf of the respondent nos.5 to 10. From perusal of paragraph no.11 thereof, it appears that the amount of Rs.5,40,144.88/-, Rs.2,68,432/- and Rs.2,53,343/- has admittedly remained unpaid to the petitioner nos.1, 2 and 3 respectively and a request has been made to the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna to provide sufficient funds for making such payment. In above view of the matter, this writ application is being disposed of with a direction to the respondent no.2, the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna to ensure allotment of funds for payment of admitted dues to petitioners as mentioned in paragraph no.11 of the counter affidavit within ten weeks from the date of receipt/production of a copy of this order failing which the unpaid amount would carry interest @ 10% to be calculated from the date it became due till the date of its final payment.

Sanjay-II/- (Dr. Ravi Ranjan, J) U