Disposed¶18

Md. Khalil v. The State of Bihar

Patna HC5 Sept 2024CWJC/24299/2019

Case brief

AI extract

What is this about?

CWJC No.24299 of 2019; Patna High Court; Justice Mohit Kumar Shah; oral order dated 05-09-2024; Md. Khalil v. State of Bihar / District Collector Muzaffarpur / BDO Sahebganj; writ of mandamus for refund of Rs.1,20,000/- deposited at Sahebganj Block, Block Nazarat, on BDO's order; representation dated 28.3.2019; Three Member Joint Enquiry Committee; work done valued at Rs.1,21,389/-; Rs.8,611/- recoverable; balance Rs.1,11,389/- refunded vide cheque dated 29.7.2024; petitioner acknowledged refund with undertaking of no outstanding claims; writ petition rendered infructuous and disposed off.

What did the court decide?

No new relief granted by this Court; petition disposed off as infructuous after the respondent-State refunded the adjusted balance of Rs. 1,11,389/- to the petitioner vide cheque dated 29.7.2024. ¶18

Md. Khalil Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24299 of 2019

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Md. Khalil Son of late Abdul Rahman, Resident of Village Pratap Patati P.S. Sahebganj, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The District Collector, Muzaffarpur.

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The Block Development Officer, Sahebganj.

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... ... Respondent/s

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======================================================

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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

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6 05-09-2024

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The present writ petition has been filed seeking the following relief:-

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“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.”

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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

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Patna High Court CWJC No.24299 of 2019(6) dt.05-09-2024 2/2

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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.

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

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(Mohit Kumar Shah, J)

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Ajay/- U

Md. Khalil v. The State of Bihar

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Md. Khalil v. The State of Bihar

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