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Patna High Court

Jawahar LallversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application was dismissed as withdrawn.

Summary

Petitioner Jawahar Lall filed a writ petition seeking a certiorari to quash an order dated 19.08.2024 of the Managing Director of Bihar State Hydro Electric Power Corporation that rejected his claim of Rs. 3,73,095 as pending annual increment for 2011, and also sought a mandamus directing payment of the amount with 7% statutory interest. The respondents, including the State of Bihar and the corporation, opposed the reliefs. During the hearing, the petitioner requested permission to withdraw the application and file a fresh one. The Court, without examining the merits, disposed of the writ application as withdrawn, granting liberty to file a fresh petition.

Issues considered

  • Whether the order rejecting the petitioner's claim for pending annual increment can be quashed by certiorari.
  • Whether the petitioner is entitled to the claimed amount with statutory interest, warranting a mandamus.

Subjects

  • certiorari
  • mandamus
  • writ jurisdiction
  • annual increment
  • hydro electric corporation
  • withdrawal of petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3907 of 2026
                 ======================================================
                 Jawahar Lall Son of Late Anandi Prasad Yadav, Resident of Village
                 Maloudha, PS Sonbarha, District Saharsa.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    The Additional Chief Secretary, Department of Energy, Government of
                 Bihar, Patna.
           3.    Managing Director, Bihar State Hydro Electric Power Corporation, Sone
                 Bhawan, Bir Chand Patel Marg, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Pranav Kumar, Advocate
                 For the State           :      Mr. Mujtabaul Haque, GP- 12
                                                Mr. Pranoy Kumar, AC to GP- 12
                 For the BSHEPC          :      Mr. Mritunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   23-03-2026                      Heard learned counsel for the parties.

                                 2. The petitioner has filed the instant application for

                   the following reliefs:

                                                             “1.   (i)    To     issue      an
                                                 appropriate writ, order, direction in
                                                 the nature of certiorari for quashing
                                                 the order bearing memo no. 494 dated
                                                 19.08.2024 issued under the signature
                                                 of Managing Director, Bihar State
                                                 Hydro Electric Power Corporation by
                                                 which the claim of the petitioner
                                                 amount to Rs. 3,73,095/- against the
                                                 pending annual increment of the
                                                 petitioner of the year 2011 has been
           Patna High Court CWJC No.3907 of 2026(2) dt.23-03-2026
                                                       2/2




                                                     rejected (Annexure-P/13, Pg.50).
                                                                    (ii) To issue an appropriate
                                                     writ, order, direction in the nature of
                                                     mandamus             commanding         the
                                                     respondents to pay a sum of Rs.
                                                     3,73,095/-        after   calculating   the
                                                     statutory interest at the rate of 7% per
                                                     year.
                                                                    (iii) To any other relief for
                                                     which the petitioners appear to be
                                                     found entitled by the Hon'ble Court.”

                                 3. At the outset, learned counsel for the Bihar State

                     Hydro Electric Power Corporation has taken the Court through

                     the averments made in various paragraphs of the writ

                     application.

                                 4. Having heard the observation of this Court, learned

                     counsel for the petitioner seeks permission to withdraw this

                     application with liberty to file a fresh application for the reliefs

                     prayed for herein.

                                 5. Without entering into the merits of the case of the

                     parties, the writ application is disposed of as withdrawn with the

                     aforesaid liberty.


                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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