Subodh Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.397 of 2015 ====================================================== Subodh Kumar Rai son of Sri Bhagwan Rai, resident of village- English Farka, P.O. and P.S.- Sabour, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Deputy Chief Election Officer-cumDeputy Secretary to the Government, Cabinet (Election) Department, Bihar, Patna

2. District Magistrate- cum-District Election Officer, Bhagalpur

3. District Magistrate- cum-District Election Officer, Nawada

4. District Magistrate- cum-District Election Officer, Nalanda

5. District Magistrate- cum-District Election Officer, Kishanganj

6. District Magistrate- cum-District Election Officer, Madhepura

7. District Magistrate- cum-District Election Officer, Muzaffarpur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sunil Kumar Gupta, Advocate For the Respondent/s : Mr. Sharad Kumar Sinha, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-02-2015 Heard Mr. Sunil Kumar Gupta, learned counsel for the petitioner and learned counsel for the State. The limited grievance of the petitioner is that although his vehicle bearing Registration No. BR-10P-7831 was utilized by the State Election Authorities during the Lok Sabha Election, 2014 for the period 27.3.2014 to 14.5.2014 but the remuneration in respect thereof has not yet been paid and although a comprehensive representation was filed by the petitioner before the Deputy Chief Election Officer-cum-Deputy Secretary, Cabinet (Election) Department, Government of Bihar, Patna on 1.10.2014 with copies to the District Election Authority of the concerned

Patna High Court CWJC No.397 of 2015 (2) dt.18-02-2015 districts, a copy of which is placed at Annexure-7 to the writ petition but it has not yet been disposed of. Having heard learned counsel for the parties and taking note of the limited grievance raised by the petitioner, this writ petition is disposed of with a direction to the Deputy Chief Election Officer-cum-Deputy Secretary Cabinet (Election) Department, Government of Bihar, Patna or the authority concerned to consider the claim of the petitioner as discussed in his representation dated 1.10.2014 placed at Annexure-7 and dispose of the same in accordance with law by a speaking order and after giving an opportunity of hearing to the petitioner expeditiously and preferably within three months from the date of receipt / production of a copy of this order. In case the claim of the petitioner is upheld then the payment thereof should be made within one month thereafter failing which upon expiry of one month from the date of adjudication, the petitioner would become entitle to interest @ 9 per cent per annum on his pending dues.

S.Sb/- (Jyoti Saran, J) U