Patna High Court
Bijay Kumar UpadhyayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is dismissed as withdrawn.
Summary
The petitioner, Bijay Kumar Upadhyay, filed a writ petition seeking a mandamus directing the State of Bihar and related officials to release his General Provident Fund (GPF) amount that had been transferred from a Madhya Pradesh GPF account to a Bihar account, along with statutory interest. He claimed the amount was due from 10 September 1991 and requested payment of arrears and interest at 18% per annum. After the grievance was reportedly redressed, the petitioner’s counsel sought the court’s permission to withdraw the application. The court considered the request to withdraw the pending writ application. Justice Partha Sarthy dismissed the application as withdrawn, thereby ending the proceedings.
Issues considered
- Whether the petitioner’s application for a writ of mandamus can be withdrawn after the grievance is said to be redressed
Subjects
- General Provident Fund
- mandamus
- withdrawal of application
- statutory interest
- public finance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13 of 2025
======================================================
Bijay Kumar Upadhyay Son of Late Iswar Upadhyay, Resident of House No.
74, Parshuram Nagar Colony, Sandalpur Road, Police Station- Alamganj,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director, Provident Fund, Bishweshwaraiya Bhawan, Bailey Road,
Patna, Bihar.
3. The Finance Commissioner, Government of Bihar, Patna.
4. The District Provident Fund Officer, Nalanda, Bihar.
5. The Accounts Officer, District Provident Fund Office, Nalanda, Bihar.
6. The Accountant General (A and E), Bihar, Patna.
7. The Accountant General (A and E), Madhya Pradesh, Bhopal.
8. The Director, Finance and Accounts Department, Government of Madhya
Pradesh, Bhopal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Advocate
Mr. Harshvardhan, Advocate
For the State : Mr. Narendra Kumar Singh, AC to GP-22
For the Acountant General : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 19-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1.1. To issue a writ of mandamus or any other
appropriate writ(s), order(s) or direction(s),
commanding the respondents to discharge their
legal obligation and to release and pay the
General Provident Fund (GPF) amount, along
with statutory interest, which was transferred
from GPF Account No. TAA/NMP/5247 (Madhya
Pradesh) to GPF Account No. BHR/BAS/3492
(Bihar), as sent by the Government of Madhya
Patna High Court CWJC No.13 of 2025(5) dt.19-02-2026
2/2
Pradesh to the office of the District Provident
Fund, Nalanda, and pay the same together with
its arrears with effect from 10.9.1991
1.2. To issue a writ of mandamus, directing the
respondents to discharge their legal obligation by
paying the petitioner General Provident (GPF)
amount without further delay.
1.3. To issue a writ of mandamus, commanding
the respondents to discharge their legal
obligation by sanctioning and releasing the
petitioner's GPF in accordance with applicable
rules and regulations.
1.4. To issue a further writ of mandamus,
directing the respondents to pay the petitioner
GPF amount along with interest at the rate of
18% per annum, from the date the amount
became due until the date of actual payment. To
any other relief(s) to which the petitioner may be
found entitled to.”
3. It is submitted by learned counsel for the petitioner
that as per instructions received, the grievance of the petitioner
having been redressed, he seeks permission to withdraw the
instant application.
4. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
Shiv/-
U
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