Priya Ranjan Keshava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3150 of 2017 ====================================================== Priya Ranjan Keshava S/o Late Ram Janam Prasad, Resident of Ashok Nagar, Road No.3, P.O. and P.S.- Kankar Bagh, Patna, District- Patna, Presently posted Technical Advisor to Superintenging Engineer, Design and Quality Control Circle No.-1, National Highway, R.C.D. Patna Vishweshwaraiya Bhawan, Bailey Road, Patna- 800001.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Road Construction Department, Patna Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patn 3.

The Principal Secretary, Urban Developmen and Housing Department, Patna, Bihar, Vikas Bhawan, Baile 4.

Municipal Commissioner, Patna Municipal Corporation, Patna, Maurya Lok Complex, Patna 800001.

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

For the Petitioner/s :

Mr. Dharmendra Kumar, Advocate For the Respondent/s :

Mr. Kinkar Kumar- SC- 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed to direct the respondent, Patna Municipal Corporation, to make payment of petitioner's arrears.

3. Learned Counsel for the petitioner submits that vide Order No. 3 dated 08.08.2024, this Hon'ble Court directed the Patna Municipal Corporation to pay the arrears and redress the grievances. Only after this, the Patna Municipal Corporation came forward with the plea that the petitioner is entitled to Rs.

Patna High Court CWJC No.3150 of 2017(5) dt.20-03-2025 2/3 4,14,126/- (Four Lakh Fourteen Thousand One Hundred Twenty-Six Rupees), which the Corporation has actually paid. Counsel further submits that in his rejoinder to the counter affidavit, the petitioner is actually entitled to Rs. 4,58,208/- (Four Lakh Fifty-Eight Thousand Two Hundred Eight Rupees), but only Rs. 4,14,126/- (Four Lakh Fourteen Thousand One Hundred Twenty-Six Rupees) has been paid. An amount of Rs. 44,082/- (Forty-Four Thousand Eighty-Two Rupees) has not been paid to the petitioner. Counsel further submits that all payments should be made with an interest of 18 %.

4. Learned Counsel for the Patna Municipal Corporation submits that in the counter affidavit, the Patna Municipal Corporation has come forward with the admitted amount, mentioned in paragraph 6 of the counter affidavit, which comes at the tune of Rs. 4,14,126/- (Four Lakh Fourteen Thousand One Hundred Twenty Six Rupees), and this amount is basically the admitted dues, which have already been paid to the petitioner. The remaining amount has not been admitted by the Patna Municipal Corporation. Counsel further submits that the petitioner is not entitled to any interest according to the statute and disputes the amount of Rs. 44,082/- (Forty-Four Thousand Eighty-Two Rupees).

Patna High Court CWJC No.3150 of 2017(5) dt.20-03-2025 3/3

5. In the light of the submissions made, it transpires to this Court that after the passing of the order by this Hon'ble Court, the Patna Municipal Corporation has paid the admitted dues to the petitioner, but for Rs. 44,082/- (Forty-Four Thousand Eighty-Two Rupees), there is a dispute from both the parties.

6. As such, the writ petition stands disposed off granting liberty to the petitioner either to file a fresh representation or to move before the Civil Court for the said amount, if so advised.

(Dr. Anshuman, J.) Aman Kumar/- U