Patna High Court
Indra Narayan Mishra vs The State Of Bihar on 18 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9744 of 2021
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Indra Narayan Mishra Son of Late Rama Nand Mishra resident of village and
P.o.- Bar Majhiya, P.s.- Kanchanpur, District- Sapatari (Nepal), Retired from
the post of Junior Engineer under Irrigation Division, Murliganj, Madhepura,
District- Madhepura (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, patna
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna
3. The Engineer in Chief, Water Resources Department, Government of Bihar,
Patna
4. The Under Secretary (management) Water Resources Department,
Government of Bihar, Patna
5. The Chief Engineer Water Resources Department, Saharsa, District- Saharsa
6. The Superintending Engineer, Irrigation Circle Punia, District- Purnia
7. The Executive Engineer, Irrigation Division, Murliganj, Madhepura
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amrit Abhijat
: Mr. Sunil Kumar Pandey
: Mr. Manoj Kr. Gupta
For the Respondent/s : Mr. Anjani Kumar, AAG 4
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 18-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondents.
3. Counsel for the petitioner is hereby directed to serve
copy of the petition to the counsel for the State/respondents, if it is
not already served.
Patna High Court CWJC No.9744 of 2021 dt.18-02-2022
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) To issue a writ in the nature of
mandamus directing/commanding the Respondents and
in particular Respondent No. 3 namely the Engineer-
in-Chief, Water Resources Department, Government of
Bihar, Patna to make payment of interest amount for
the period from September, 2012 to July, 2015 to
26.03.2020 with regard to illegally recovered amount
of Rs. 4,31,512/- recovered between the period from
September, 2012 to July, 2015 as the principal amount
has been paid without interest on 26.03.2020.
(ii) To issue a writ in nature of mandamus
commanding/directing the Respondents and in
particular the Respondent No. 1, the Chief Secretary,
Government of Bihar, Patna to take suitable action
against erring officers who in their colourable exercise
of power with malafide intention harassed the
petitioner by instituting false departmental proceeding
as well as wrong F.I.R and also against officers who
illegally reviewed his earlier order cancelling
exoneration of petitioner.
(iii) To issue a writ in the nature of
mandamus of commanding/directing the Respondents
to make payment of compensation amount to the
petitioner for mental and physical harassment as well
as for lowering his image in public.
(iv) And/or for any other relief/reliefs
which this Hon'ble Court may think fit and proper in
the facts and circumstances of this case."
5. Earlier petitioner filed C.W.J.C. No. 11462 of 2012
and it was decided on 14.07.2015. In the first prayer it is sought as
under:
"1(i) To issue a writ in the nature of
certiorari setting aside the order dated 19.03.2012
contained in letter No. 09/HQ-067-048/2009 145
issued from the office of Respondent No. 3, Under
Secretary (Management) directing the Respondent
No.8, the Executive Engineer, Irrigation Division,
Patna High Court CWJC No.9744 of 2021 dt.18-02-2022
Murliganj, Madhepura to initiate Departmental
Proceeding because of accomplishment in theft of
boulder 231.064 M3 with a further direction to recover
an amount of Rs. 4,31,512/-, the value of stolen Nepali
boulder."
6. The petitioner has a cause of action in claiming
interest on the recovered amount of Rs. 4,31,512/- in C.W.J.C. No.
11462 of 2012 itself whereas he has failed to claim interest in
earlier litigation. Further, this Court while deciding the matter on
14.07.2015 has not made any observation reserving liberty to the
petitioner to approach the respondent in seeking interest along
with recovered amount.
7. In the light of above facts and circumstances and the
fact that the petitioner has been paid principle amount of Rs.
4,31,512/-, question of entertaining the present petition for
payment of interest is not warranted.
8. Accordingly, the present petition stands dismissed.
9. At this stage, learned counsel for the petitioner
insisted that cause of action in seeking interest would arise as and
when principle amount is paid, the same is hereby rejected for the
reasons that he is aware of the fact that certain amount has been
recovered from him and he had presented the litigation in respect
of principle amount. At the same time he should have sought for
interest along with principle amount, therefore, cause of action
Patna High Court CWJC No.9744 of 2021 dt.18-02-2022
accrued in respect of interest as on the date of filing earlier
petition.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 23.02.2022
Transmission Date
