Citation : 2023 Latest Caselaw 536 Patna
Judgement Date : 31 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18225 of 2022
======================================================
1. M/s R.K. Offset Press, Company Saray, G.T. Road (Kachahari Road) Sasaram, Rohtas through its Proprietor Rohit Kumar Raj, Male 30 years son of Raju Kumar Agrawal resident of SonalToli, Town and P.S. Sasaram, District- Rohtas.
2. Rohit Kumar Raj son of Raju Kumar Agrawal resident of SonalToli, Town and P.S. Sasaram, District- Rohtas.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary Bihar Main Secretariat Patna.
2. The District Magistrate cum District Election Officer Sasaram, Rohtas.
3. The Superintendent of Police Sasaram, Rohtas.
4. The Chief Election Commissioner Bihar Mangles Road Patna.
5. The Deputy Election Officer Sasaram, Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manini Jaiswal, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad (SC 8) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-01-2023
Petitioners have prayed for the following relief(s):
"(i) For issuance of an appropriate writ in the nature of certiorari quashing the order communicated to the petitioner vide letter contained in memo no 503 dated 29.4.2022 by which the representation of the petitioner in light of the order dated 12.01.2022 passed in CWJC no 12991 of 2021 was rejected by the Committee constituted by the Deputy Election Officer even without Patna High Court CWJC No.18225 of 2022 dt.31-01-2023
hearing the petitioner in light of the observation passed by this Hon'ble Court in CWJC no 12991 of 2021.
(ii) For declaration that the order dated 29.04.2022 is contrary to the observation made by this Hon'ble Court and hence in the present situation the act of the respondent is contemptuous.
(iii) For issuance of the appropriate writ in the nature of mandamus commanding the respondent authorities to release the balance of the amount of Rs.5315855.00 instead of Rs. 53,15,855.00 which has wrongly been mentioned in the earlier writ petition.
(iv) For issuance of the appropriate writ in the nature of mandamus commanding the respondent authorities to pay the petitioner the amount of money retained by them with interest in spite of the facts that there is no dispute between the parties.
(v) Any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case be granted to the petitioner."
Learned counsel for the petitioners, under
instructions, seeks permission to withdraw the present petition
seeking review of the order/approach the respondents for
venting out their grievances.
Permission granted.
Patna High Court CWJC No.18225 of 2022 dt.31-01-2023
As and when such petition is filed, the same shall be
considered and decided expeditiously in accordance with law.
The petition stands disposed of as withdrawn with
the liberty aforesaid.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J) Saurabh/K.C.Jha AFR/NAFR CAV DATE Uploading Date 01.02.2023 Transmission Date
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