Disposed¶29

Suresh Giri v. The State of Bihar

Patna HC5 Jan 2024CWJC/3809/2020

Case brief

AI extract

What is this about?

Disposal-without-merits writ decision (Patna HC, CWJC 3809 of 2020, 05-01-2024, Dr. Anshuman J.). Keywords: withdrawal of writ petition; liberty to raise industrial dispute; SLP 17062 of 2011 dismissed as withdrawn; Memo No. 572 dated 21.08.2017; Annexure-10; wage arrears with statutory interest; Revenue and Land Reforms Department; Consolidation Directorate; Samastipur. Precedential value: low — the petition was disposed of granting liberty to comply with a Supreme Court order; no merits decided, no statutes or cited precedents.

What did the court decide?

Liberty granted to the petitioner to obey/comply with the order passed by the Supreme Court; no relief on the merits (no quashing of Memo No. 572, no direction for payment of wages). ¶29

Suresh Giri 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.3809 of 2020

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Suresh Giri S/o Jungi Giri R/o Village- Angarghat, P.S.- Angarghat, DistrictSamastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

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The Secretary, Revenue and Land Reforms Department (Consolidation Directorate) Bihar, Patna.

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The Director, Consolidation, Bihar, Patna.

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The Deputy Director, Consolidation (Headquarter), Patna.

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The Deputy Director, Consolidation, Samastipur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sunil Kumar Singh, Adv For the Respondent/s : Mr. Durjati Kumar Prasad, GP-14

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 05-01-2024

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Heard learned counsel for the petitioner and counsel for the State present.

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The present writ petitione has been filed for quashing of the order contained in Memo No. 572 dated 21.08.2017 i.e. Annexure-10. Further prayer is made to direct to respondent authorities to make the payment of wages which are dues to the petitioner along with statutory interests.

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Counsel for the petitioner fairly submits that from the order under challenge, it is very much clear that petitioner has moved up to Hon'ble Supreme Court in which subsequent observation has come in his S.L.P. No. 17062 of 2011 is as follows:

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Patna High Court CWJC No.3809 of 2020(2) dt.05-01-2024

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2/2

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“After arguing the case for sometime, learned counsel for the petitioners made a request that his clients may be permitted to withdraw the special leave petition with liberty to avail other remedies including by raising an industrial dispute. The request of the learned counsel is accepted and the special leave petition is dismissed as withdrawn”

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Counsel for the petitioner submits that the petitioner has moved before this Hon'ble Court twice in C.W.J.C. No. 336 of 2015 and C.W.J.C. No. 17 of 2019.

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Counsel for the petitioner fairly submits that under wrong advice, he has moved before this Hon'ble Court rather he supposed to comply the order passed by Supreme Court itself by way of filing application before the Industrial Forum itself.

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In this background, he seeks permission to withdraw this writ petition to comply the order passed by the Hon'ble Supreme Court mentioned above.

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Counsel for the State on the other hand submits that petitioner has no scope before this Hon'ble Court.

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In the present facts and circumstance, this writ petition is disposed of granting liberty to the petitioner to obey the order passed by the Supreme Court mentioned above.

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(Dr. Anshuman, J)

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Sunnykr/- U

Suresh Giri v. The State of Bihar

Case brief

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Suresh Giri v. The State of Bihar

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