Gaya Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22218 of 2019 ====================================================== Gaya Prasad Yadav s/O Late Banshi Singh Yadav Resident of VillageTenibigha, P.O. and P.S. and District-Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna 2.

The Deputy Secretary Urban Development and Housing Department, Govt. of Bihar, Old Secretariat, Patna 3.

The Managing Director Bihar State Housing Board, Patna 4.

The Secretary Bihar State Housing Board, Patna 5.

The Accountant General Birchand Patel Path, Patna 6.

The Director Provident Fund, Govt. of Bihar, Patna 7.

The State of Jharkhand through its Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand at Ranchi 8.

The Deputy Secretary Urban Development and Housing Department, Govt. of Jharkhand at Ranchi 9.

The Managing Director Jharkhand State Housing Board at Harmu, Ranchi 10.

The Secretary Jharkhand State Housing Board at Harmu, Ranchi 11.

The Commissioner Provident Fund, Regional Office, Bhagirathi Complex at Ranchi 12.

The Accountant General Jharkhand State, Ranchi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.S.P. Yadav, Advocate.

:

Mr.Arvind Kumar Sinha, Advocate.

For the Respondent Nos. 3 and 4 : Mr. Aditya Narayan Singh, No.1. Advocate. For the State :

Mr. Suresh Kumar, AC to GP-1.

For the Accountant General :

Mr. Rajnandan Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-11-2022 Heard Mr. S.S.P. Yadav, learned counsel for the petitioner duly assisted by learned counsel, Mr. Arvind Kumar Sinha, Mr. Aditya Narayan Singh, No.1, learned counsel for the

Patna High Court CWJC No.22218 of 2019(12) dt.09-11-2022 2/3 respondent nos.3 and 4, Mr. Suresh Kumar, learned Ac to GP-1 and Mr. Rajnandan Prasad, learned counsel for the respondent accountant general.

At the outset, learned counsel for the respondent raises objection with regard to the maintainability of the present writ application, as neither any cause of action has arisen before the jurisdiction of this court nor any respondent authorities against whom claim has been sought for located in the jurisdiction of this court.

At this juncture, learned counsel for the petitioner submits that he may be permitted to withdraw the present application with a liberty to file fresh writ application before the Hon'ble Jharkhand High Court. However, he prays that if such writ application is filed before the Jharkhand High Court, the same may be taken up sympathetically after taking into consideration the fact that the matter was pending before this court.

Learned counsel for the respondent nos. 3 and 4 submits that the Bihar Housing Board is not a necessary party in view of Annexure 2 and 3 of the writ application passed by learned Co-ordinate Bench of this court.

In view of the submissions made on behalf of the

Patna High Court CWJC No.22218 of 2019(12) dt.09-11-2022 3/3 parties, the present application stands dismissed as withdrawn with a liberty to the petitioner to approach before Hon'ble High Court of Jharkhand for redressal of his grievances. (Harish Kumar, J) manoj/- U