Jai Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.12700 of 2017 dt.22-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12700 of 2017 =========================================================== Jai Singh Son of late Muni Singh Resident of Bodhgaya Niranjana Hotel, P.S. Bodhgaya, Dist. Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary State Election Commission, Bihar, Patna.

2. The District Magistrate, Patna.

3. The Additional Collector Cum Senior in-Charge Officer CRPF Cell, Gaya.

4. The Block Development Officer, Bodhgaya, Gaya. .... .... RespondentS =========================================================== Appearance :

For the Petitioner : Mr. Bibhuti Narayan, Advocate. For the Respondents : Mr. Md. Raisul Haque, SC-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-12-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that the petitioner had provided a Hotel for stay of Central Reserve Police Force and its officers at Bodhgaya during the General Election of Bihar Legislative Assembly, 2015 for the period from 29.09.2015 to 08.10.2015 and 13.10.2015 to 18.10.2015, and in respect of which he has filed his representation claiming Rs. 2,79,828/- out of which however only an amount of Rs.1,40,799/- was being offered for payment. It is further stated that pursuant to an enquiry by the respondent no. 4, recommendation has been made for payment to the petitioner as claimed.

Patna High Court CWJC No.12700 of 2017 dt.22-12-2017

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the District Magistrate, Gaya (Respondent No. 2) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

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