Patna High CourtCWJC/15776/2010disposed

Sri Kant Prasad v. The State Of Bihar And ORS

2018-06-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15776 of 2010 ====================================================== Sri Kant Prasad S/o Late Dr. Dwarika Prasad R/o Hospital Road, Siwan, P.S.- Siwan Town, Distt.- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Siwan

3. The District Panchayat Raj Officer, Siwan

4. The Sub-Divisional Officer, Siwan

5. The Block Development Officer, Pachrukhi, Siwan

6. Smt. Sarita Devi Sarpanch Of Gram Kachahari Gram Panchayat Raj Bindusar Bujurg, Pachrukhi, Siwan

7. The Gram Kachahari Secretary Gram Panchayat Raj, Bindusr Bujurg, Pachrukhi, Siwan .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Respondent/s : Mr. GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2018 The present writ petition has been filed for payment of honorarium with effect from 17.10.2007 till date. The respondents have filed a counter affidavit wherein it has been stated that it is not in dispute that the petitioner was appointed as Nayaya Mitra in Gram Kachahari, Bindusar Bujurg of Panchrukhi Block, however, the enquiry made by the respondents shows that the petitioner has been absent from his duties.

In view of the aforesaid, since the present writ petition involves disputed question of fact, it would be proper to remit the matter to the District Magistrate, Siwan for proper enquiry so that

Patna High Court CWJC No.15776 of 2010 (3) dt.20-06-2018 2/2 the grievances of the petitioner can be redressed. Accordingly, the present writ petition is disposed of and, if so advised, the petitioner may file a representation before the District Magistrte, Siwan within a period of two weeks from today which shall be disposed of by the District Masitrate, Siwan by a reasoned and speaking order within a period of four weeks thereafter after giving an opportunity of hearing to the petitioner herein.

(Mohit Kumar Shah, J) S.Sb/- U