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Patna High CourtCWJC/11691/2023disposed

Shabbir Ahmad v. The State Of Bihar

2024-12-05Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11691 of 2023 ====================================================== Shabbir Ahmad, son of late Md. Umar Daraz, Resident of Masood Bigha Barh, P.S. Barh District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the principal secretary Panchayati Raj Department Government of Bihar.

2.

The District Magistrate, Patna.

3.

The Deputy Election officer (Panchayat) cum District Panchayat Raj officer, Patna.

4.

The Block Development officer Barh, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Respondent/s :

Mr.Ajay (GA 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-12-2024 In the nature of the pleadings available in the writ application, learned counsel for the petitioner as well as the State are of the view that the writ application may be disposed of with a direction to the District Election Officer-cum- District Magistrate, Patna to look into the grievance of the petitioner in the light of the letter as contained in Memo No. 08 dated 11.03.2023 written by the Block Development Officer, Barh to the Deputy Election Officer (Panchayat)-cum-District Panchayat Raj Officer, Patna available at Annexure '3' to the writ application. Learned counsel for the petitioner also draws the attention of this Court to some other letters written by the Block Development Officer, Barh to the same authority in which he

Patna High Court CWJC No.11691 of 2023(10) dt.05-12-2024 2/3 had requested for allotment of funds so that payments may be made to the petitioner against the pending bills. Learned counsel submits that the petitioner has even represented to the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna but in absence of the allotment of funds he is being deprived of his otherwise lawful dues.

2. Learned counsel for the State submits that the matter may be sent to the District Election Officer-cum- District Magistrate, Patna for consideration and to do the needful.

3. In the aforesaid view of the matter this writ application is disposed of with a direction to the District Election Officer-cum- District Magistrate, Patna to look into the grievance of the petitioner, take note of letter of the Block Development Officer, Barh as contained in Annexure 3 to the writ application and allot the necessary funds required for the purpose of payment of the admitted dues of the petitioner.

4. This Court would make it clear that so far as the amount claimed by the petitioner is concerned, this Court has not gone into the correctness of the claimed amount though it appears from the letter of the Block Development Officer, Barh that no dispute in respect thereto has been raised. If it is the position, the District Election Officer-cum- District Magistrate,

Patna High Court CWJC No.11691 of 2023(10) dt.05-12-2024 3/3 Patna shall ensure that the admitted dues of the petitioner whatsoever must be paid within a period of two months from the date of receipt/production of a copy of this order. (A. Abhishek Reddy , J) Bhardwaj/- U