Patna High CourtCWJC/3899/2017disposed

Baleshwar Sharma v. The State Of Bihar And ORS

2017-07-21Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3899 of 2017 ====================================================== Baleshwar Sharma Son of late Ramprit Sharma Resident ofVillageKhokhri, P.O.- Bedrabad( Isanpur), P.S. Arawal, District Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar through Panchayati Raj Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.

4. The Joint Director-Cum Joint Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

5. The District Magistrate, Banka.

6. The District Panchayat Raj Officer, Banka.

7. The Block Development Officer, Chanan Banka.

8. The Sub Registry Officer, Arwal.

9. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate For the State : Mr. P.A. Sharma, AC to AG For the A.G. Bihar : Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-07-2017 Heard learned counsels for the petitioner, State and the Accountant General, Bihar.

The controversy remains is to issuance of "No Dues Certificate" by the respondent No. 7, Block Development Officer, Chanan, Banka.

Patna High Court CWJC No.3899 of 2017 (2) dt.21-07-2017 2/3 Office of the Accountant General, Bihar has already issued letter contained in Annexure-R9/A dated 16.5.2017 to the Block Development Officer, Chanan, Banka for issuance of "No Dues Certificate" to the Treasury Officer so that necessary dues of the petitioner are paid and the claim of the petitioner with regard to grant of 3rd MACP may be finalized and paid. In view of the letter as contained in Annexure R9/A, the respondent No.7, Block Development Officer, Chanan, Banka is directed to take immediate steps for issuance of "No Dues Certificate" in favour of the petitioner and also take necessary decision with regard to the claim of the petitioner for payment of the monetary benefits on account of entitlement of the petitioner for grant of 3rd MACP.

So far as the issuance of "No Dues Certificate" is concerned, the respondent No. 7 is directed to issue necessary No Dues Certificate within a period of one month from the date of production of a copy of this order.

With regard to the other benefits including grant of 3rd MACP, the petitioner may file representation before the respondent No. 7 within a period of fifteen days from today along with a copy of this order and the respondent No. 7 is directed to take final decision on such representation in accordance with law

Patna High Court CWJC No.3899 of 2017 (2) dt.21-07-2017 3/3 by a reasoned and speaking order within the same period. The respondent No. 7 is obliged to ensure payment of the dues as admitted vide Annexure-2 dated 6.4.2013. With the aforesaid observations and directions, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) S.Pandey/- U