Patna High CourtCR. MISC./18423/2018disposed

Ramdeo Sah v. The State Of Bihar And ORS

2021-03-08Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18423 of 2018 Arising out of CRIMINAL REVISION No. 1268 of 2011 Arising Out of PS Case No.- Year- Thana- District- ====================================================== Ramdeo Sah, Son of Late Saryug Sah, Resident of Village-Janar, PS Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Shambhu Sah, Son of Ramdeo Sah, Resident of Village- Janar, PS Aurai, District- Muzaffarpur presently posted as an Assistant Teacher, Middle School, Sahil Baijnath, Ancha-Aurai-II, PS Hathauri, District- Muzaffarpur.

3. Shankar Kumar Hemant, Son of Ramdeo Sah, Resident of Village-Janar, PS Aurai, District- Muzaffarpur, presently posted as T.T.I., Indian Rail, Solapur Junction (Maharashtra).

4. The Block Education Officer, Aurai, District- Muzaffarpur.

5. District Programme Officer, Establishment, Muzaffarpur.

6. Branch Manager, State Bank of India, Red Cross Building, Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021 Nobody appears on behalf of the petitioner. The Court finds the situation to be unfortunate.

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2. Be that as it may, the Court has proceeded to hear Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner has moved the Court for the following relief:

"That, this application on behalf of the petitioner above named is for modification of the order dated 12.04.2016 passed by His Lordship Hon'ble Mr. Justice Ahsanuddin Amanullah "J" in Criminal Revision No 1268 of 2011 (Ramdeo Sah Versus- The State of Bihar and others), whereby and where under His Lordship was pleased to direct the Block Education Officer, Aurai, opposite party no. 4 from the salary of the opposite party no. 2 and paid to the petitioner directly in his account every month by modifying some extent to direct the District Education Officer, Muzaffarpur and District Programme Officer (Establishment), Muzaffarpur to deduct the amount of Rs. 2,500/- from the salary of the Opposite Party no. 2 and pay to the petitioner directly in his account every month in place of the Block Education Officer, Aurai."

4. In terms of order dated 17.02.2021, an affidavit has been filed by the opposite party no. 5 bringing on record material to show that the order dated 12.04.2016 passed in Cr. Revision No. 1268 of 2011, has been fully complied with and the due amount has been directly credited into the account of the petitioner.

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5. As there is nothing to controvert the said position, the Court can only presume that what has been stated in the affidavit is correct.

6. In view thereof, the application stands disposed off making it clear that till the time the order dated 12.04.2016 passed in Cr. Revision No. 1268 of 2011 subsists, the concerned opposite parties are responsible to ensure its timely compliance. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T