Mohammad Ayub v. The State Of Bihar, Through Its Chief Secretary, Namely Sri Anjani Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2466 of 2017 Arising out of Civil Writ Jurisdiction Case No.13210 of 2007 ====================================================== Mohammad Ayub Son of Md. Abdul Halim, resident of Renu Tola, Kazichak, P.O /P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through its Chief Secretary, Namely Sri Anjani Kumar Singh 2.

Sri Chaitanya Prasad, the Commissioner-cum-Secretary, Nagar Vikash Deptt. Bihar, Patna.

3.

Nagar Parishad Barh, District- Patna through it's Executive Officer, Namely Sri Baccha Nand.

4.

Sri Baccha Nand Singh, the Executive Officer, Nagar Parishad Barh, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sidhendra Narayan Singh, Advocate Mr. Ravindra Kumar, Advocate For the Opposite Party No. 3 :

Mr. Indu Bhushan, Advocate For the State : Mr. Rakesh Ambastha, AC to AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the petitioner; learned AC to AAG 7 for the State and learned counsel for the Nagar Parishad, Barh.

2. The Executive Officer of Nagar Parishad, Barh is also present. She had filed supplementary show cause yesterday but had prayed that the matter be adjourned for today. Today, the Court has been informed that the then Accountant, Mr. Shivdani Prasad was the key person due to whom the due amount of the

Patna High Court MJC No.2466 of 2017 dt.16-11-2019 2/2 petitioner could not be paid and there has been manipulation and interpolation in the official records due to which he was show caused and upon his reply not being found satisfactory, Barh PS Case No. 560 of 2019 dated 15.11.2019 has been instituted under Sections 420 and 409 of the Indian Penal Code.

3. In the affidavit filed yesterday, it has been stated that the due amount of Rs. 46,977/- has been paid to the petitioner by cheque which was handed over by learned counsel for the Nagar Parishad, Barh to learned counsel for the petitioner on 08.11.2019.

4. Learned counsel for the petitioner does not dispute the same.

5. In view of the aforesaid, nothing further remains in the present application as the order dated 29.07.2015 passed in CWJC No. 13210 of 2007, stands complied with.

6. In view thereof, the application is disposed off.

7. Personal appearance of the officer stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T