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Patna High CourtCWJC/8360/2014disposed

Bindhya Bashni Prasad v. The State Of Bihar And ORS

2017-03-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8360 of 2014 ====================================================== Bindhya Bashni Prasad, S/o Late Yadu Lal, R/o Mohalla-Gajadharganj, P.S.-Buxar, District-Buxar.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Urban Development Department, Govt. of Bihar, Patna.

3. The District Magistrate, Buxar.

4. The Executive Officer, Buxar Nagar Parishad, Buxar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate Mr. Amitabh Bhardwaj, Advocate For the Respondent-State: Mr. Ravi Verma, AC to GP-4 For the Respondent No.4 : Mr. Ashwini Kumar Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 18-03-2017 I.A. No. 7965 of 2016 By way of the present interlocutory application the petitioner seeks following amendment in the main writ application:- "To further please to quash the letter no.489 dated 03.09.2014 passed by Executive Officer, Buxar Nagar Parishad, Buxar whereby petitioner has been held to be not entitled for pension and further asked to return one lakh five thousand

Patna High Court CWJC No.8360 of 2014 (3) dt.18-03-2017 2 / 2 three hundred eighty six rupees which has been paid to petitioner in lieu of pension from 01.02.2009 to 30.06.2011."

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present interlocutory application as also the main writ application in order to challenge the aforementioned letter no. 489 dated 03.09.2014 passed by the Executive Officer, Buxar Nargar Parishad, Buxar by way of filing a substantive writ application. Leave is granted.

The writ application as well as interlocutory application is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U