Patna High CourtCWJC/235/2013disposed

Rajkishore Singh v. The State Of Bihar And ORS

2018-07-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.235 of 2013 ====================================================== Rajkishore Singh Son Of Late Bideshi Prasad Singh Resident Of VillageAfaur, P.O. Afaur, P.S. Khaira, District- Chapra .... .... Petitioner

Versus

1. The State Of Bihar Through The Principal Secretary, Cooperative Department, Government Of Bihar, Patna

2. Registrar, Cooperative Societies, Bihar, Patna

3. Principal Secretary, Finance Department, Government Of Bihar, Patna

4. Accountant General, Bihar, Patna

5. Senior Accounts Officer, Accountant General (A & E) Office, Bihar, Patna ....... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Raju Giri, Advocate For the Respondents : Mr. Dhurjati Kr Prasad, GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

It is the common case that now fixation has been done afresh under office order dated 8.7.2015 (Annexure D/1 to the supplementary counter affidavit filed on behalf of respondent no.1). In view of such development during pendency of the writ petition, the issue raised in the writ petition has become infructuous. However, the petitioner would be at liberty to challenge the fixation done under order dated 8.7.2015, issued by the Assistant Registrar in the office of the Registrar, Cooperative Societies, Bihar, Patna. Since, under earlier order dated 8.1.2013, recovery was directed to be subject to result of this case, no further order need

Patna High Court CWJC No.235 of 2013 (6) dt.06-07-2018 2/2 be passed in this regard. In case petitioner challenges the fixation dated 8.7.2005 within a period of four weeks from today, the respondents would be obliged to dispose of his claim by a reasoned and speaking order within a period of eight weeks thereafter.

The writ petition is disposed of.

(Madhuresh Prasad, J) Shashi.