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2022 DAILYLAW 1501 (PAT)

Ram Narayan Pandit v. The State of Bihar

CWJC/851/2022 · 2026-08-17

Purnendu Singh

body2022

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.851 of 2022 ====================================================== 1.1. Rampukari Devi Widow of Late Ram Narayan Pandit, Resident of Village Banserpur, P.S. Balia, District Begusarai. 1.2. Amarjeet Kumar Son of Late Ram Narayan Pandit, Resident of Village Banserpur, P.S. Balia, District Begusarai. 1.3. Deepak Kumar Son of Late Ram Narayan Pandit, Resident of Village Banserpur, P.S. Balia, District Begusarai. 1.4. Indrajit Kumar Son of Late Ram Narayan Pandit, Resident of Village Banserpur, P.S. Balia, District Begusarai. 1.5. Pramhans Kumar Son of Late Ram Narayan Pandit Resident of Village Banserpur, P.S. Balia, District Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Housing and Urban Development Department, Govt. of Bihar, Patna. 2. The Bihar State Housing Board, 6, Mangles Road, Patna through its Secretary. 3. The Managing Director, Bihar State Housing Board, 6 Mangles Road, Patna. 4. The Secretary, Bihar State Housing Board, 6 Mangles Road, Patna. 5. The Assistant Commissioner, Employees Provident Fund, R. Block, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the State : Mr. Shiv Kumar, AC to GA-3 For the Housing Board : Mr. Ansuman Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27 17-08-2026 Mr. Md. Anisur Rahman, learned counsel appearing on behalf of the petitioners; Mr. Shiv Kumar, learned AC to GA- 3 for the State and Mr. Ansuman Singh, learned counsel for the Bihar State Housing Board. 2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, the following relief(s), Patna High Court CWJC No.851 of 2022(27) dt.17-08-2026 2/3 which are reproduced hereinafter:- (A) For issuance of appropriate writ/order or direction commanding the Respondent to make payment of Rs. 6,43,900/- of Gratuity amount as well as amount of provident fund and the benefit of Ist and 2nd time bond promotion with 9% up-to-date interest to the petitioner as the petitioner retired from service on 28.12.2015 and the said amount have not yet been paid to the petitioner inspite of the fact that the Life Insurance Corporation of India set the said amount to the Respondent Bihar State Housing Board on 28.01.2016 itself. (B) For issuance of appropriate writ/order or direction commanding the respondents to make payment of salary of Head Clerk on which the petitioner from January 2011 till 28.02.2015 the date of retirement. (C) For issuance of appropriate writ/order or direction commanding the Respondents revise the pension of the petitioner on the basis of VIIth pay revision and also to make payment thereof arrears as well as current pension amount. (D) For any other relief or reliefs for which the petitioner is found entitled in the opinion of this Hon'ble Court." 3. Mr. Ansuman Singh, learned counsel appearing on behalf of the Bihar State Housing Board informs that though the petitioners have vacated the two plots and one flat, but the harassment, which has been caused to the original allottee, they are required to compensate both the Housing Board, as well as, the original allottee, with whom subsequently, the petitioners had entered into an agreement. The action is required to be taken in terms of the original agreement, as well as, the prescribed rules. Patna High Court CWJC No.851 of 2022(27) dt.17-08-2026 3/3 4. At this stage, learned counsel appearing on behalf of the petitioners, considering the subsequent development, seeks to withdraw the present writ petition with a liberty to approach the Managing Director, Bihar State Housing Board, for redressal of their grievance as prayed for in the present writ petition and for payment of post-retiral dues payable to the original petitioner, who died during the pendency of the writ petition. 5. Accordingly, the present writ petition stands dismissed as withdrawn. Niraj/- (Purnendu Singh, J) U