Patna High Court
Jawahar LallversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The writ application was dismissed as withdrawn.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 The Court, without examining the merits, disposed of the writ application as withdrawn, granting liberty to file a fresh petition.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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