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Patna High CourtCWJC/24299/2019disposed

Md. Khalil v. The State Of Bihar

2024-09-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24299 of 2019 ====================================================== Md. Khalil Son of late Abdul Rahman, Resident of Village Pratap Patati P.S. Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Collector, Muzaffarpur.

3.

The Block Development Officer, Sahebganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Adv.

For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of mandamus and for any other appropriate writ, order or direction commanding upon the respondents to refund Rs.1,20,000/- to the petitioner, considering his representation dated 28.3.2019, which he has deposited in the Sahebganj Block, Block Nazarat, on the order of the Block Development officer, Sahebganj."

2.

At the outset, the learned counsel for the RespondentState has submitted, by referring to the second supplementary counter affidavit filed in the present case that a Three Member Joint Enquiry Committee was constituted and ultimately, it has

Patna High Court CWJC No.24299 of 2019(6) dt.05-09-2024 2/2 come to the conclusion that the petitioner has done work worth a sum of Rs. 1,21,389/-, hence, after adjustment of the amount qua the work done, it has been found that only a sum of Rs. 8,611/- is recoverable from the petitioner, thus, after adjusting the aforesaid amount from the total sum of Rs. 1,20,000/-, deposited by the petitioner, the balance amount of Rs. 1,11,389/- has already been refunded to the petitioner, vide cheque dated 29.7.2024 and in fact, the petitioner has also acknowledged the same and has given a written undertaking that now he has no outstanding claims.

3.

In view of the aforesaid, this Court finds that the present writ petition has been rendered infructuous, thus, the same is disposed off.

(Mohit Kumar Shah, J) Ajay/- U