M/S. Raushan Raj v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4888 of 2018 ====================================================== M/s. Raushan Raj S/o Shri Raghunath Bhagat, R/o Village Sadbhawan Nagar, Near Vaishali Institute and Business and Management College, Mithanpura P.S. M.I.G. Bela District Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The District Magistrate, Muzaffarpur, District Muzaffarpur 3.
The Deputy Development Commissioner, Muzaffarpur, District Muzaffarpur 4.
The Block Development Officer, Bochaha, District Muzaffarpur. 5.
The Block Development Officer, Marwan, District Muzaffarpur. 6.
The Block Development Officer, Meenapur, District Muzaffarpur 7.
The Block Development Officer, Saraiya, District Muzaffarpur. 8.
The Block Development Officer, Sakra, District Muzaffarpur 9.
The Block Development Officer, Paroo, District Muzaffarpur. 10.
The Block Development Officer, Mushari Disrict Muzaffarpur. 11.
The Block Development officer, Kanti, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Respondent/s :
Mr.Akash Chaturvedi, AC to SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-04-2023 In the instant petition, the petitioner has prayed for the following relief:- " That this writ application is being filed for issuance of writ nature of certiorari for quashing the letter dated 31.08.2017 issued under the signature Dy.
Development Commissioner, Muzaffarpur by which stated that in sanction period payment has already been made vide memo No.
Patna High Court CWJC No.4888 of 2018(6) dt.18-04-2023 2/3 4688 dated 15.12.2014 and further quashing the letter memo no. 4688 dt.
05.12.2014 issued under signature Deputy Development Commissioner, Muzaffarpur by which rejected the claim about rent except the 8 sets computers from 10.04.2012 to 16.07.2012 and 10 sets of computers from 19.09.2012 to 15.10.2012. On the ground, a letter bearing memo no. 1795 dt. 16.07.2012 by which directed for returning the computers but did not take return, whenever said very letter has not been communicated to the petitioner for the return of his computers, which was under rent as per order of respondents, whenever respondent B.D.Os. Within the District of Muzaffarpur submitted letters before the D.D.C.
in the year 2015 and admitted fact that the computers of the petitioner are under used and some set of computer have been returned in different dates in 2015 by the some blocks and some are still under and further issued direction to respondents to pay the admitted due rent amount worth of Rs. 14,60,624/- related to the different Blocks within the District Muzaffarpur and further issued direction to respondents to pay the aforesaid amount worth of Rs. 14,60,62 along with 11% interest per annum to the petitioner till date of full and final payment to petitioner and further give other legal and consequential benefit to the petitioner."
2. Perusal of the relief sought in the present petition is somewhat disputed issues which is required to be adjudicated before the appropriate forum with reference to dispute clause in
Patna High Court CWJC No.4888 of 2018(6) dt.18-04-2023 3/3 the agreement. Therefore, the present petition is disposed of, reserving liberty to the petitioner to invoke appropriate remedy. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U