Patna High CourtCWJC/13062/2017disposed

Gulab Devi v. The State Of Bihar And ORS

2017-11-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13062 of 2017 =========================================================== Gulab Devi, Wife of Late Pashupati Nath Jha, Resident of Village- Masadi, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The District Magistrate, Bhagalpur, District- Bhagalpur.

4. The Additional Collector, Bhagalpur, District- Bhagalpur.

5. The Sub-Divisional Officer, Bhagalpur, District- Bhagalpur.

6. The Deputy Collector, Land and Reforms, Bhagalpur, District- Bhagalpur.

7. The Circle Officer, Sultanganj, District- Bhagalpur.

8. The Executive Officer, Nagar Parishad, Sultanganj, District- Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shardanand Mishra Mr. Deepak Kumar, Advocates.

For the State : Mr. Fakhruddin Ali Ahmad, AC to AAG-12 For the Resp. No. 8 : Mr. Dhananjay Kumar Gupta, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-11-2017 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. The present writ petition has been filed for a direction to the respondents to pay an amount of Rs. 36,000/- calculated @ 60% of the amount of Rs. 60,000/- collected in the year 2016 from temporary Bus Stand at Shravani Mela in the land of the petitioner wherein Khata No. 610, Khesra Nos. 452 and 454, Area 2 acre 6.25 decimal land as also similar amount was due in the year 2017.

4. Learned counsel for the petitioner submits that despite having made collection during the years 2016 and 2017, the

Patna High Court CWJC No.13062 of 2017 dt.30-11-2017 2/2 respondents have not made payment for 60% of the collected amount to the petitioner.

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

6. 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, Bhagalpur (Respondent No. 3) with a fresh representation for redressal of her 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.

7. 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.

Uploading Date 05.12.2017 Transmission Date N.A.