Dismissed¶¶26

Vijay Mistry v. The State of Bihar

Patna HC2 Jan 2024CWJC/2663/2021

Case brief

AI extract

What is this about?

Vijay Mistry v. State of Bihar; Patna High Court; Civil Writ Jurisdiction Case No.2663 of 2021; decision date 02-01-2024; Justice Harish Kumar; dismissal for non-prosecution (petitioner absent on 12.12.2023, 19.12.2023, 02-01-2024); EPF dues Rs.3,35,568/- and interest Rs.12,245/- recorded as already paid; Rajgir Nagar Panchayat; Employees Provident Fund Organization; liberty to file representation with concerned authority on delayed-payment interest.

What did the court decide?

Liberty to file an appropriate representation before the concerned authority if not satisfied with the interest over the delayed payment. ¶¶26

Vijay Mistry 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.2663 of 2021

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Vijay Mistry S/o Chandradeo Mistry Resident of Village-Nagala, P.O. Nagla Kinjar, P.S. Karapi, 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, Urban Development Department, Government of Bihar, Patna.

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The Secretary, Urban Development Department Government of Bihar, Patna.

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The Divisional Commissioner Patna-cum-Chairman Rajgir Town Planning Authority Bihar.

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The Secretary to Divisional Commissioner Patna-cum-Executive Officer Rajgir Town Planning Authority Bihar.

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The Executive Officer, Rajgir Nagar Panchayat Rajgir District-Nalanda.

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The Nagar Panchayat Rajgir Rajgir, District Nalanda, through its Secretary.

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The Employees Provident Fund Organization having its Regional Office at R.Block, Patna-800001.

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The Regional Provident Fund Commissioner Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : For the Res. Nos. 5 & 6 : Mr. Rajiv Ranjan Kr. Pandey, Adv. For the Res. Nos. 7 & 8 : Mr. Bikash Tiwary, Adv.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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10 02-01-2024 None appears on behalf of the petitioner.

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Earlier also when the matter was taken up on

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12.12.2023 and on 19.12.2023, there was none to represent the petitioner.

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Counter affidavits have been filed on behalf of

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respondent Nos. 5 and 6 as well as respondent Nos. 7 and 8. It is submitted that the E.P.F. amount to the tune of Rs.3,35,568/- and

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Patna High Court CWJC No.2663 of 2021(10) dt.02-01-2024 2/2

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its interest of Rs.12,245/- has already been paid to the petitioner.

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Considering the fact that there is none to represent

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the petitioner, the writ petition stands dismissed on account of non-prosecution. However, if the petitioner is not satisfied with the interest over the delayed payment, he shall be at liberty to file an appropriate representation before the concerned authority.

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(Harish Kumar, J)

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Anjani/-

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Vijay Mistry v. The State of Bihar

Case brief

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Vijay Mistry v. The State of Bihar

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