Disposed

Narendra Singh v. The State Of Bihar and Ors.

Patna HC14 Jul 2014CWJC/11639/2014

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ application seeking payment of bus fares for election workers in the 2005 and 2010 Bihar Legislative Assembly elections. The court directed authorities to consider the 2005 claim with strict record requirements but ordered prompt payment for the 2010 bill.

What did the court decide?

Directed the respondents to consider the petitioner's grievance and pay the admissible amount for the 2010 election bills within one month. For the 2005 claim, the matter was remanded to the District

Narendra Singh Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11639 of 2014

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====================================================== Narendra Singh, son of late Shyam Sundar Singh, resident of village Pahar Kothi, Jasidih, P.S. Jasidih, District Deoghar, Jharkhand .... .... Petitioner/s Versus 1. The State of Bihar 2. The Chief Electoral Officer, Bihar, Patna 3. The District Magistrate, Jamui 4. The Deputy Electoral Officer, Jamui 5. The District Transport Officer, Jamui .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Hare Krishna Prasad For the Respondent/s : Mr. Kumar Manish, SC21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT (Date-14.07.2014) 2 Heard learned counsel for the parties. Having regard to the fact that the petitioner in this writ application has prayed for the following relief:

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“I. The respondent authorities be directed to pay the fare of 3 buses of petitioner which were used in general election of Bihar Legislative Assembly-2005. The Bus No. JH-11A-2502 was used 68 days, Bus No.DL-IP-6306 was used 66 days and Bus No.BRL04748 was used 48 days in different district of Bihar in general election of Bihar Legislative Assembly. II. The respondents authorities be directed to pay the fare of 2 buses of the petitioner which were used in general election of Bihar Legislative Assembly-2010. The Bus No.BR-12-4748 was used 40 days and Bus No. JH-15D5025 was used 40 days in different district of Bihar during such election.

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Patna High Court CWJC No.11639 of 2014 (2) dt.14-07-2014

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III. The respondent authorities be directed to pay such amount with proper interest because there laches in part of respondents to non-payment such amount to the petitioner.”

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and that there is nothing is on record to show that the aforementioned claim of the petitioner is disputed any manner by the Respondents, this writ application in absence of a counter affidavit is disposed of with a direction to the authorities to consider the grievance of the petitioner for making payment of admissible amount beyond what has already been paid to him in this regard.

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Let it be made clear that as the petitioner has approached for payment of bills of Assembly Election of 2005 after a lapse of almost nine years, this Court will leave the matter to be examined by the District Magistrate, Jamui because it would be now for the petitioner to establish with the admitted records is still existing on the basis of which it can be safely concluded by the Respondents that he was entitled for payment of such amount. It is also made clear that in case the authorities do not find such record in their possession the claim of the petitioner for payment of 2005 election would be straightway rejected.

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The claim for payment of bills of 2010 Election being within well permissible time limit the admitted amount for 2010

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Patna High Court CWJC No.11639 of 2014 (2) dt.14-07-2014

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Election has to be paid to be paid to the petitioner beyond whatever has already been paid to him.

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In that view of the matter, this writ application is disposed of with a direction to the respondents to consider the grievance of the petitioner and take an appropriate decision within a period of three months from the date of receipt of this order, which has to be accompanied by a fresh representation.

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It goes without saying that whatever amount is found payable to the petitioner, the same must be also paid to him in next one month. In the event any claim either in part or in full of the petitioner, as raised in this writ application, is rejected by the Collector, Jamui, he will be under obligation to disclose reasons for the same and communicate the same to the petitioner within the same period of three months.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

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Narendra Singh v. The State Of Bihar and Ors.

Case brief

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Narendra Singh v. The State Of Bihar and Ors.

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