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Patna High CourtCWJC/1053/2018disposed

Vishwanath Anand v. The State Of Bihar And ORS

2022-11-15Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1053 of 2018 ====================================================== Vishwanath Anand S/o Anil Kumar, Resident of Village and Post Kabichak, P.S.- Sadar, Dist- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna 2.

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

3.

The Collector, East Champaran.

4.

The Executive Officer, Nagar Panchayat, Areraj, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushalish Choudhary, Adv Mr. Shambhu Nath Jha, Adv For the Respondent/s :

Mr. Abbas Haider -SC-6 Mr. Raghwanand, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-11-2022 Without going into legitimacy of the petitioner's existence in the respondent-Corporation for discharging duties as Junior Engineer, the Court, in view of the nature of demand raised in the instant writ proceedings for payment of remuneration, would consider it appropriate that Executive Officer (Respondent No. 4) should take a final decision on the petitioner's claim.

2. The respondent No. 4 in the counter-affidavit, has made a statement that remuneration has been paid for the period of February, 2015 to December, 2015 and that some admitted dues remain unpaid due to non-allocation of funds from the

Patna High Court CWJC No.1053 of 2018(4) dt.15-11-2022 2/2 Urban Development and Housing Department.

3. The issue, therefore, can best be considered by Respondent No. 4.

4. The writ application, therefore, need not be kept pending. The same is disposed of with liberty to the petitioner to submit his detailed claim of the dues remaining unpaid before the Respondent No. 4 within two weeks.

5. Respondent No. 4 will be oblige to consider the same and dispose it of by a reasoned and speaking order; and the dues which are found admissible would be required to be paid within three months.

(Madhuresh Prasad, J) SUMIT/- U