Disposed

Mithlesh Kumar and Anr. v. the State of Bihar and Ors.

Patna HC15 Apr 2015CWJC/4641/2009

Case brief

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What is this about?

The Patna High Court directed the Managing Director of the Bihar State Financial Corporation to consider the petitioners' claims within two months after hearing, without determining the merits of the case itself.

What did the court decide?

Directing the Managing Director of the Bihar State Financial Corporation to consider the claims, provide a hearing, and pass a reasoned order within two months.

Mithlesh Kumar and Anr. Vs the State of… — Constitutional and Fundamental Rights | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.4641 of 2009

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Mithlesh Kumar son of Shri Jagdish Prasad 2. Rambabu Prasad son of Laate Mangal Prasad, Both are residents of village Ekdari, P.S.Chhauradano, District East Champaran .... .... Petitioner/s Versus

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The State of Bihar

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The Bihar State Financial Corporation through Managing Director, Fraser Road, P.S.Kotwali Town, Patna 3. The Bihar State Financial Corporation through its Branch Manager, Branch Office, Anand Puri, Belbanwa, Motihari, Bihar 4. The Assistant General Manager, Bihar State Financial Corporation, Branch Office, Anandpur, Belbanwa, Motihari, Bihar .... .... Respondent/s ====================================================== Appearance :

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For the Petitioner/s : Mr. Ajay Kr.Sinha, Advocate For the Respondent No.1 : Mr.D.K.Sinha, AAG 2 For the Respondent Nos. 2 to 4 : Mr. Partha Sarthy, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ---------------

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3 15-04-2015 Heard the parties.

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2. In view of the nature of grievances/claims raised on behalf of the petitioners, fully detailed in paragraph 1 of the writ petition and fully described in the body of the writ petition, the petitioners are directed to appear before the Managing Director of the Bihar State Financial Corporation, Patna with all supporting documents, raising all the pleas which have been raised in the present writ petition.

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3. If the petitioners appear before the Managing Director of the respondent Corporation within a period of four weeks from today with a certified copy of the present order, then the Managing Director of the respondent Corporation shall be obliged to consider and decide the claims of the petitioner, after giving an opportunity of hearing to all concerned, by a reasoned

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Patna High Court CWJC No.4641 of 2009 (3) dt.15-04-2015

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2/2

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and speaking order at an early date preferably within a period of two months from the date of appearance of the petitioners.

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4. If on consideration of the materials, in the manner indicated above, the Managing Director of the respondent Corporation comes to a conclusion that the grievances/claims raised in behalf petitioners are admissible to them, then consequential orders/directions shall be issued by the Managing Director for grant of such admissible claims to the petitioners without any unnecessary further delay.

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5. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioners in the present writ petition and it is left to be decided by the Managing Director of the respondent Corporation, at the first instance, in the manner indicated above, but strictly in accordance with law.

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6. The writ petition stands finally disposed of with the observations and directions made above.

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(Birendra Prasad Verma, J)

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Tahir/-

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Mithlesh Kumar and Anr. v. the State of Bihar and Ors.

Case brief

What is this about?

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Mithlesh Kumar and Anr. v. the State of Bihar and Ors.

Case brief

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