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Patna High CourtCWJC/11523/2008disposed

Avi Roushan Ravi v. The State Of Bihar And ORS

2018-04-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11523 of 2008 ===========================================================

1. Avi Roushan Ravi Son of late Brij Kishore Prasad Resident of Village- Noawan, P.S. Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar , through the Inspector General Registration, Bihar, Patna.

2. The District Registrar, Nalanda at Biharsharif.

3. The District Sub-Registrar Nalanda at Biharsharif.

4. The Sub-Registrar, Rajgrih (Nalanda).

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

For the Petitioner/s : Mr. Deo Nath Prasad For the State : Mr. Santosh Kumar Bhaskhar =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 23-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, limited prayer has been made by the petitioner that he should be given first ACP with effect from 9.8.1999.

This Court is not required to advert facts in detail for deciding the issue raised by the petitioner as it appears from letter no.245 dated 26.4.2010 (Annexure-A to the counter affidavit ) issued by the District Additional Registrar, Nalanda in which he has given details of employees entitled for ACP including the petitioner. In the column of employee entitled, the name of petitioner is standing, mentioned that the petitioner is entitled to first ACP from 9.8.1999 but it has

Patna High Court CWJC No.11523 of 2008 dt.23-04-2018 been mentioned that he is not entitled to second ACP. The petitioner has conceded to the fact that this Court should give direction to the State to give benefit of first ACP as has been admitted by the State.

In view of the very entry made in the chart attached to the counter affidavit (Annexure-A) itself reflects that petitioner is entitled for the first ACP from 9.8.1999. There is no denial by the State.

In such view of the matter, this Court directs the District Registrar, Nalanda at Biharsharif to consider the claim of the petitioner and grant him first ACP from 9.8.1999 within a period of eight weeks from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date26.4.2018 Transmission Date NA