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Patna High Court

Bijay Kumar UpadhyayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The application is dismissed as withdrawn.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 Justice Partha Sarthy dismissed the application as withdrawn, thereby ending the proceedings.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  • Whether the petitioner’s application for a writ of mandamus can be withdrawn after the grievance is said to be redressed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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