Patna High CourtCWJC/18487/2016disposed

Shamim Khan v. The State Of Bihar And ORS

2018-09-19Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18487 of 2016 =========================================================== Shamim Khan, Son of Late Md. Sarif Khan, Resident of Village-Semara, P.S.- Sasaram, District-Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar, through its Secretary, Minor Irrigation Department, Government of Bihar, Patna.

2. The Chief Engineer, Minor Irrigation Department, Government of Bihar, New Secretariate, Vikash Bhawan, Patna.

3. The District Magistrate, District-Kaimur at Bhabua.

4. The Executive Engineer, Minor Irrigation Division, Bhabua (Kaimur), DistrictKaimur.

5. The Account General Office of Account General (A & E), Bihar, Patna.

6. The District Account Officer, Rohtas, District-Rohtas at Sasaram. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Singh, Advocate For the State :

Mr. Sunil Kumar, A.C. to G.P. 11 For the Accountant General :

Mr. Arun Kumar Arun, Advocate (Respondent No.5) =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-09-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. The petitioner has moved the Court for the following reliefs:

"That this is an application for issuance of writ in the nature of mandamus or any other writ or writs, direction or directions to the respondents for paying the retiral dues to the petitioner along with reasonable compound interest over the dues due upon the respondents as well as a reasonable compensation thereof."

3. From the materials on record, especially the second

Patna High Court CWJC No.18487 of 2016 dt.19-09-2018 2/2 supplementary counter affidavit filed on behalf of respondent no. 4 today, it appears that all admitted retiral dues have been paid.

4. In view of such stand taken on oath before the Court, there is no reason to disbelieve what has been stated, as the authorities who have filed such affidavit are liable to strict and penal orders, if it is found that any wrong statement has been made.

5. Having regard to the aforesaid, the writ petition stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U