IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.199 of 2005
BIRENDRA SHARMA @ BIRENDRA SINGH, SON OF
LATE RAM PRASAD SINGH, RESIDENT OF MOHALLA
SAMATI TOLA, SAKSOHARA, ROAD, P.O. BARH,
DISTRICT PATNA...............PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF
SECRETARY, GOVERNMENT OF BIHAR, PATNA
2. THE INSPECTOR GENERAL OF PRISONS, HOME
PRISONS DEPARTMENT, BIHAR, PATNA.
3. THE JAIL SUPERINTENDENT, SUB-JAIL BARH,
PATNA.
4. JAILOR, SUB-JAIL BARH, PATNA.
5. S.D.O., BARH.............RESPONDENTS.
For the petitioner : Ram Hriday Prasad, Advocate.
For the respondents : Mr. Manoj Kumar Jha, Advocate.
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04/ 14.02.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents State of Bihar and its authorities.
Learned counsel for the petitioner submits that
petitioner no.1 Bhaskar Prasad Singh died during the pendency
of this writ petition after his grievance was redressed by the
respondents authorities and hence his heirs do not want to be
substituted in his place. Accordingly, let the name of petitioner
no.1 be expunged. This case shall continue with petitioner no.2
Birendra Sharma @ Birendra Singh as its sole petitioner.
This writ petition has been filed for directing the
respondents to pay the arrears of due of Rs.1,15,000.00 to the
sole surviving petitioner for supply of materials/food materials
in Sub-Jail Barh and for grant of all the consequential benefits,
including 18% penal interest on the arrear dues.
In the counter affidavit it is stated that the dues
amount have been paid to the sole surviving petitioner and only
-2-
Rs.55,057.00 remains to be paid to him.
In the aforesaid facts and circumstances this writ
petition is disposed of with a liberty to the petitioner to
approach the Jail Superintendent, Sub-Jail Barh (respondent
no.3) for releasing the admitted dues and interest in favour of
the petitioner. If the petitioner files an application before the
said authority within 15 days from today along with a copy of
this order, the said authority shall decide the matter within two
months thereafter and immediately pay all the admitted dues
and interest to the petitioner. However, if the petitioner in any
manner is aggrieved by the order of the said authority, he shall
be at liberty to approach the appropriate forum.
Harish (S.N. Hussain, J.)