Aman Deep Paswan v. Sri Yogendra Narayan Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4376 of 2018 In CIVIL MISCELLANEOUS JURISDICTION No.892 of 2017 ====================================================== Aman Deep Paswan ... ... Petitioner/s

Versus

Sri Yogendra Narayan Singh and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Opposite Party/s :

Mr.Anjani Kumar - AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2020 Heard both sides.

The petitioner, Executive Engineer, Water Resources Department, Saharsa filed this petition for modification of the judgement dated 28.08.2018 passed in C. Misc. No. 892 of 2017 by which he was directed to pay a cost of Rs. 50,000/- for lapse on the part of Executive Engineer in payment of the decretal amount for more than twenty two years.

The learned counsel for the petitioner submits that petitioner joined on the post in May, 2016 and he is not at fault at any point of time but I find from the perusal of the order dated 28.08.2018 that the decree was passed with a direction to the petitioner, the Executive Engineer, to pay the decretal amount with 14.5% simple interest thereon but payment was not made in full and final satisfaction of the decree and the case

Patna High Court MJC No.4376 of 2018(2) dt.19-02-2020 2/2 lingered for more than two decades. Therefore, I find no reason to modify the order by which the petitioner was directed to pay a cost of Rs. 50,000/- in the account of legal aid of Bihar State Legal Services Authority.

This modification petition is, accordingly, dismissed. (Prabhat Kumar Jha, J) BKS/- U