Patna High Court
Rajeshwar Singh And Ors vs The State Of Bihar And Ors on 2 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18896 of 2011
======================================================
1. Rajeshwar Singh Son Of Late Bacho Singh Resident Of Village Purainy,
Police Station-Gobindpur, District-Nawada.
2. Jai Bharat Son Of Late Sarangdhar Prasad Singh Resident Of A/38 Housing
Colony, K. Bagh, Police Station K. Bagh, Town And District Patna.
3. Shailendra Kumar Singh Son Of Late Shyamla Prasad Singh Resident Of
Road No.3 Rajendra Nagar, Police Station Kadam Kuan, Town And District
Patna.
4. Kameshwar Prasad Singh Son Of Late Kailashpati Singh Resident Of South
Chandmari Road No. 2, K. Bagh, Police Station Kankarbagh, Town And
District Patna.
5. Suresh Prasad Son Of Late Ram Swaroop Singh Resident Of Postal Park,
Police Station Kankarbagh, Town And District Patna.
6. Krishna Chandra Prasad Singh Son Of Late Sukhdeo Prasad Singh House
No. 188, Manas Marg, Nehru Nagar, Police Station Patliputra, Town And
District Patna.
7. Suresh Rai Son Of Late Foudar Rai Resident Of Guru Kripa, Finance
Colony, Phase-Ii, Khajpura, Police Station Rajiv Nagar, Town And District
Patna.
8. Surya Mohan Rai Son Of Late Firangi Rai Resident Of Guru Kripa,Finance
Colony, Phase-Ii, Khajpura, Police Station Rajiv Nagar, Town And District
Patna.
9. Yugal Prasad Gupta Son Of Late Suraj Prasad Gupta Resident Of Prachi
Ashoka Apartment Nehru Nagar, Police Station Patliputra Town And District
Patna.
10. Brij Mohan Bihari Prasad Son Of Late Keshaw Bihari Prasad Resident Of
45 Nandanpuri, Mourya Path, Police Station Shastri Nagar, Town And
District Patna.
11. Briksh Nandan Singh Son Of Late Mahadeo Singh Resident Of Mohalla
Rampur, Police Station Sultanganj, Town And District Patna.
12. Upendra Rai Son Of Baijnath Rai Resident Of Mohalla Finance Colony,
Khajpura, Police Station Rajiv Nagar, Town And District Patna.
13. Madan Ram Son Of Late N. Ram Resident Of Maurya Path Khajpura, Police
Station Rajiv Nagar, Town And District Patna.
14. Vijay Kumar Son Of Late Govind Singh House No. 190, Manas Marg,
Nehru Nagar, Police Station Patliputra, Town And District Patna.
15. Jai Prakash Son Of Late Pahari Mahto Resident Of Village Sandalpur, Police
Station Sultanganj, District And Town Patna.
16. Devendra Nath Pandey Son Of Late Prithavi Nath Pandey Ram Lakhan Path
Road No. 8, Police Station Kankarbagh, Town And District Patna.
17. Naresh Prasad Singh Son Of Late Pragash Singh Resident Of Rampur,
Police Station Sultanganj, Town And District Patna.
18. Madan Mohan Singh Son Of Late Musafir Singh Sramjivi Colony
Patna High Court CWJC No.18896 of 2011 dt.02-01-2024
2/4
Panchwati Nagar, Police Station Bazar Samiti Town And District Patna.
19. Krishna Rai Son Of Late Keshri Rai Mohalla Mahatma Gandhi Nagar,
Police Station Patrakar Nagar, Town And District Patna.
20. Arjun Prasad Son Of Late Balgobind Prasad Resident Of Dharhara Kothi
Road, Naya Tola, Police Station Kadam Kuan, Town And District Patna.
21. Deo Nandan Rai Son Of Late Ramdas Rai Resident Of Manas Marg, Nehru
Nagar, Police Station Patliputra, Town And District Patna.
22. Rajendra Rai Son Of Late Ganga Rai Resident Of Bank Road, Police Station
Gandhi Maidan, Town And District Patna.
23. Shingari Devi W/O Late Nawal Kishore Sharma Azad Nagar Road No.
Kankarbagh, Police Station Kankarbagh, Town And District Patna.
24. Manorma Singh W/O Late Shyam Bihari Singh Resident Of Pakri Chawk,
Police Station Town, Ara, District Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. Bihar State Co-Operative Bank Ltd. Through Its Managing Director, Ashok
Rajpath, Patna.
3. Regional Provident Fund Commissioner, R.Block, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Kumar, Advocate
For the State : Mr. Raghwendra Kumar, SC 22
For Bank : Mr. S.N. Pathak, Advocate
For respondent no. 3 : Mr. Jaiprakash Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 02-01-2024
Heard learned counsel for the petitioners, learned
counsel appearing for respondent No.3 and Mr. Raghwendra
Kumar, learned counsel appearing for respondent No.1 and 2.
2. This writ application has been filed to refund back
to access amount which has been deducted from the account of
the petitioners by charging compound interest on the loan
amount.
3. Learned counsel for the petitioners submits that the
Patna High Court CWJC No.18896 of 2011 dt.02-01-2024
petitioners and their family members are ex-employee of the
Bihar State Cooperative Bank Ltd. and the petitioners have
taken loan from their G.P.F. accounts and the Department has
taken compound interest on the loan amount. Learned counsel
for the petitioners submits that the petitioners are entitled to pay
only simple interest on the loan amount but the Bank has
compelled to deduct the compound interest on the loan amount
from the petitioners.
4. Learned counsel for respondent No.3 has filed a
detailed counter affidavit in which they have categorically stated
that they shall refund the amount in question to the
claimants/petitioners with statutory interest.
5. Learned counsel appearing on behalf of respondent
no. 3 i.e. Regional Provident Fund Commissioner, Patna has
filed the supplementary counter affidavit in which he has
annexed the chart of payment which suggests that the petitioners
have been paid the amount recovered on account of compound
interest with up to date statutory interest to the petitioners.
6. Learned counsel appearing on behalf of the
respondent nos. 1 and 2 submits that they have also filed the
counter affidavit.
7. Learned counsel for the petitioners submits that in
Patna High Court CWJC No.18896 of 2011 dt.02-01-2024
view of the supplementary counter affidavit filed on behalf of
the respondent no. 3 it appears that the grievance of the
petitioners have been redressed.
8. In view of the aforesaid, this writ petition stands
disposed of.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 05.01.2024
Transmission Date N/A
