Patna High CourtCWJC/10808/2012disposed

Moti Chandra Kumar v. The State Of Bihar And ORS

2017-10-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10808 of 2012 =========================================================== Moti Chandra Kumar, Son of Late Ram Chandra Prasad, resident of village & Post Office- Rahmatpur, Police Station - Samastipur, District - Samastipur, at present retired Stenographer from Samastipur Collectorate, R/O Mohalla - Adarsh Nagar, Indra Niwas, Post Office & Police Station - Samastipur, District - Samastipur .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner, Darbhanga Division, Darbhanga

3. The Commissioner-Cum-Secretary, Health and Fmily Welfare Department, Bihar, Patna

4. The Collector-Cum-District Magistrate, Samastipur

5. The Establishment Dy. Collector, Collectorate, Samastipur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Labh, Advocate. M/s Kumari Archana @ Archana Sinha, Adv.

For the Respondents : Mr. P.K. Verma, AAG-5 Mr. Ujjwal Kumar Sinha, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to pay the amount of bill for Rs. 61,156/- for Medical reimbursement of the ailing Cancer patient wife of the petitioner.

3. At the very outset, learned counsel for the respondents invites attention to letter No. 15043 dated 08.11.2016 (Annexure-A to the supplementary counter affidavit filed on behalf of respondent

Patna High Court CWJC No.10808 of 2012 dt.16-10-2017 no. 4), according to which the petitioner has been found entitled to Rs. 43,789/- and for which sanction has been accorded. Such payment has since been made to the petitioner as evident from the letter dated 04.09.2017 (Annexure-B to the said supplementary counter affidavit).

4. It transpires that the entitlement of Rs. 43,789/- as found by the respondents in terms of letter dated 08.11.2016 has not been challenged by the petitioner and in the rejoinder the petitioner has simply reiterated that the claim for Medical reimbursement was for an amount of Rs. 61,156/-. The fact of payment of Rs. 43,789/- by the respondents has also not been disputed.

5. In the above view of the matter, the writ petition stands disposed.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.10.2017 Transmission Date N.A.