Upendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14313 of 2024 ====================================================== 1.
Upendra Prasad son of Ram Siddeshwar Prasad, resident of Village-Kuswita, P.S.-Hilsa in the District of Nalanda.
2.
Sanjay Kumar Singh, son of Late Ram Chandra Singh, resident of VillageHilsa, P.S.-Hilsa in the District of Nalanda. 3.
Anil Kumar, son of Arjun Singh, resident of Village-Sada Bazar, P.S.-Hilsa in the District of Nalanda.
4.
Vinay Kumar, son of Shivjee Singh, resident of Village-Hilsa, P.S.-Hilsa in the District of Nalanda.
5.
Surya Kanti Kumari Wife of Sunil Kumar Singh, resident of Village-Gosam, P.S.-Hilsa, District-Nalanda.
6.
Asha Kumari Arya, wife of Hari Chandra Das, resident of Village-Hilsa, P.S.-Hilsa, District-Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.
2.
The Director, Panchayat Raj Department, Government of Bihar, Patna. 3.
The District Magistrate, Nalanda, Biharsharif. 4.
The District Panchayat Raj Officer, Nalanda, Biharsharif. 5.
The Block Development Officer, Hilsa, Nalanda. 6.
The Block Panchayat Raj Officer, Hilsa, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Nandan Kumar Tiwary, Adv.
For the State :
Mr. Md. N.H. Khan (SC-1) Mr. Md. Irshad (AC to SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2024 Heard Learned Counsel for the petitioners and Learned Counsel for the State.
2. The present writ petition has been filed for directing the respondents to make payment of honorarium to the petitioners for the financial year 2009-2010 as well as arrears of
Patna High Court CWJC No.14313 of 2024(2) dt.20-09-2024 2/3 honorarium which is still not paid to the petitioners.
3. Learned Counsel for the petitioners submits that petitioners are Nyaya Mitra in different panchayats and honorarium of their payment has not been made instead of the fact that the said amount of the honorarium has been received in the block. Counsel further submits that vide Annexure-P/1, it transpires that petitioners have filed representation for payment of their honorarium. Counsel submits that vide Annexure-P/3, Letter No.702 dated 20.05.2014 was issued by the Block Development Officer, Hilsa, Nalanda to the District Panchayat Raj Officer, Nalanda, that the payment could not be made due to the reason that less amount has been provided.
4. Learned Counsel for the State submits that the petitioners have filed the present writ petition with delay and therefore, it may not be entertained. Counsel also submits that verification is required that whether petitioners have worked or not.
5. In the light of the present facts and circumstances and upon hearing the parties, it transpires to this Court that it is unfortunate on the part of the Respondent nos.4 and 5 that even after knowledge that payment has not been made, no steps were taken at their level to assure the payment of honorary to the
Patna High Court CWJC No.14313 of 2024(2) dt.20-09-2024 3/3 Nyaya Mitra. Non-payment of Nyaya Mitra is basically amounts to interference in smooth functioning of administration of justice, in view of the Court at the level of respondent officials.
6. It is hereby directed to the District Panchayat Raj Officer, Nalanda, Biharsharif (respondent no.4) and Block Development Officer, Hilsa, Nalanda (respondent no.5) to assure the payment to the petitioners within 90 days from the date of production of the order.
7. Hence, with the aforesaid direction, the present writ petition stands allowed.
(Dr. Anshuman, J) Divyansh/- U