Dismissed

Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, v. The State of Bihar

Patna HC14 Dec 2022CWJC/13967/2019

Case brief

AI extract

What is this about?

This is a writ petition filed by a registered society challenging the District Magistrate's refusal to pay agreed services at a different rate. The High Court held that this financial dispute is not triable under Article 226 and the petition was dismissed.

What did the court decide?

Petition dismissed with liberty to approach the appropriate forum for redressal of grievances regarding payment rates.

Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, Vs… — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13967 of 2019

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Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, 103, Ramalaya Apartment, Vijay Nagar, Rukunpura, Patna through its Secretary Dilip Kumar, age 43, Male, Son of Sri Mohan Sharma, resident of Village- Khokhari, P.S. Arwal, District- Arwal.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Planning and Development Department, Government of Bihar, Patna.

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The Development Commissioner, Government of Bihar, Patna.

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The Commissioner, Magadh Division, Gaya.

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The District Magistrate, Arwal.

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The District Planning Officer, Arwal.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Respondent/s : Mr. Akash Chaturvedi, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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Date : 14-12-2022

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Heard Mr. Vinay Mistry, learned Advocate for the petitioner and Mr. Akash Chaturvedi for the State.

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The petitioner a registered society, which was selected by the District Magistrate, Arwal for providing four months training programme to persons for cutting, sewing and masonry is aggrieved by the decision of the District Magistrate, Arwal, whereby he has refused to make payment of Rs. 19,13,100/- against the services rendered by the society.

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Patna High Court CWJC No.13967 of 2019 dt.14-12-2022 2/2

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From the order passed by the District Magistrate, it appears that whatever was due to the petitioner as a society for undertaking training programmes of a number of persons in various vocations, the same has been paid at VTP rate. The dispute raised by the petitioner is that a different rate was fixed by the District Magistrate for conducting such course.

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This dispute, we are afraid, cannot be decided in the present proceedings under Article 226 of the Constitution of India. If the petitioner stands aggrieved by non-payment or payment at a different rate than what was agreed upon, he may agitate before any competent forum for the redressal of his grievances.

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This not being the correct forum for the petitioner to agitate his cause, the petition is dismissed with the liberty to the petitioner to make suitable application before appropriate forum.

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(Ashutosh Kumar, J)

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(Nawneet Kumar Pandey, J)

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krishna/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	20.12.2022
Transmission Date	NA

Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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