Ashutosh Kumar v. Sri Amir Subhani, The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3409 of 2023 In Civil Writ Jurisdiction Case No.10292 of 2020 ====================================================== Ashutosh Kumar Son of Late Krishna Kumar Singh Resident of Kamal Nagar Colony, P.O. Mirzan Hatt, P.S. Babarganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

Sri Amir Subhani, the Chief Secretary through the Chief Secretary, Government of Bihar, Patna.

2.

Sri Pankaj Kumar Pal, the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3.

Sri Ashok Kumar Mishra, the Engineer-in- Chief-cum- Additional Secretarycum- Special Secretary, Rural Works Department, Government of Bihar, Patna.

4.

Sri Amrendra Kumar Singh, the Chief Engineer-II, Rural Works Department, Government of Bihar, Patna.

5.

Sri Shashi Sekhar Prasad, the Superintending Engineer, Rural Works Department, Work Circle, Bhagalpur.

6.

Sri Ashok Kumar, the Executive Engineer,r Rural Works Department, Works Division, Bhagalpur.

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

For the Petitioner/s :

Mr.Anand Kumar Singh, Advocate For the Opposite Party/s :

Mr.Archana Meenakshee (Gp 6) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-10-2024 Learned counsel for the opposite parties on instruction submitted that the grievance of the petitioner has been redressed. However, it is disputed by the learned counsel for the petitioner to the extent that he is entitled to interest on belated settlement of certain dues of the petitioner.

2. Perusal of the prayer in the CWJC No. 10292 of

Patna High Court MJC No.3409 of 2023(3) dt.05-10-2024 2/2 2020. Petitioner has not sought for any interest on the amounts which is due to him. In the absence of such prayer opposite parties have not committed contempt insofar as non-payment of interest is concerned.

3. Be that as it may, petitioner is at liberty to invoke appropriate remedy in seeking interest with the respondents. Before invoking any remedy, petitioner is required to approach the concerned authority by means of representation/application seeking interest.

4. If the same is demanded, necessary action shall be taken by the concerned authority within a period of three months from the date of receipt of such representation/application.

5. With the above observation, the present MJC No. 3409 of 2023 stands dropped.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U