Ramjee Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8379 of 2008 =========================================================== Ramjee Prasad, son of Sri Sita Ram Prasad, resident of Postal Park, Road No.1, P S - Kankerbagh, P O - GPO, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary of Bihar, Patna.

2. The Commissioner and Secretary to Govt., Finance (Commercial Taxes) Department, Bihar, Patna.

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

For the Petitioner/s : Mr. KAMLA LAL SHRIVASTAVA Mr. Mani Madhukar For the Respondent/s : Mr. AC to PAAG =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-08-2015 Annexure-5 is under challenge, which is dated 19.2.2008. By virtue of this order the respondent authorities have rejected the claim or prayer of the petitioner to grant benefit of monetary kind from retrospective date, which is 18.09.1997. Reading of the order itself indicates that the rejection of the claim is based on a judicial pronouncement made by the Hon`ble Apex Court, a copy of which has not only been handed over to the petitioner but also to the Court. The rationale and reasoning provided by the Hon`ble Apex Court forms the basis of rejection of the claim of the petitioner. No infirmity in such a decision can be read to make it vulnerable in any manner.

Writ application, therefore, is required to be dismissed and

Patna High Court CWJC No.8379 of 2008 dt.06-08-2015 2 / 2 is dismissed.

Copy of the Hon`ble Apex Court's decision is placed on record.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U