Umesh Chandra Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15340 of 2013 ====================================================== Umesh Chandra Roy, son of Late Ram Baran Roy, Resident of Village - Jamunia, P.S.-Parbatta, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Rural Development Department, Bihar, Patna

3. The District Magistrate, Madhepura

4. The Deputy Development Commissioner, Madhepura

5. The Block Development Officer, Bihariganj Block, P.S.-Bihariganj, District - Madhepura

6. The Mukhia, Gram Panchayat Raj, Pararia, P.S.-Bihariganj, District - Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the S t a t e : Mr. Vijay Kumar Verma, A.C. to G.A.-2 For Respondent No.6 : Smt. Sunita Kumari, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as also learned counsel for Respondent No.6.

The petitioner prays for release of his admitted dues, which has been effectively admitted by the respondentB.D.O. in Annexure 3 to the writ application. Learned counsel appearing for the petitioner submits that though it is an admitted position that the petitioner has received his due retrial dues, but the said amount has been kept pending and is not being paid by the respondents. He thus

Patna High Court CWJC No.15340 of 2013 (2) dt.13-10-2017 2/2 prays for an order so that the same may be paid to him expeditiously.

Having heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State and the learned counsel for Respondent No.6 and after perusing the counter affidavit so filed by the respondents, this Court fails to understand as to how the amount being admitted is being illegally withheld.

It is, thus, directed that the District Magistrate, Madhepura (Respondent No.3), the Deputy Development Commissioner, Madhepura (Respondent No.4) and the Block Development Officer, Bihariganj Block, District-Madhepura (Respondent No.5) shall pay the petitioner the admitted dues as stated in Annexure 3 within a period of eight weeks from the date of receipt/production of a copy of this order. In case the same is not paid, it shall be open to the petitioner to avail further remedy by way of filing contempt application. The writ application stands disposed of.

(Anjana Mishra, J) PNM U