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Patna High Court

Rajendra UpadhyayaversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Rajendra Upadhyaya, filed a writ application seeking a mandamus directing the State of Bihar and its road and engineering departments to pay him Rs. 2.50 lakh that had been recovered from his salary arrears despite a modified LPC order dated 5 February 2016. The relief sought was based on the claim that the dues were admitted but not paid. The petitioner’s counsel subsequently moved the court for permission to withdraw the application. The court considered the request and found no impediment to allowing the withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

  • Whether the petitioner is entitled to a mandamus directing payment of the admitted dues of Rs. 2.50 lakh.
  • Whether the court may permit withdrawal of a writ application at the petitioner's request.

Subjects

  • mandamus
  • writ of mandamus
  • payment of dues
  • salary arrears
  • withdrawal of application
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.4867 of 2017
                 ======================================================
                 Rajendra Upadhyaya, Son of Ramashray Upadhyaya, Resident of Village-
                 Bawan Bandh Gauri, P.S.- Dhansoi, District- Buxar.

                                                                                  ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through Principal Secretary Road Construction
                 Department Govt. of Bihar, Patna.
           2.    The Engineer in Chief Road Construction Department, Govt. of Bihar,
                 Patna.
           3.    The Executive Engineer Bridge Design Division No. 3 (Advance Planning)
                 Punaichak, Patna.
           4.    The Principal Secretary Ruler Engineering Organization Govt. of Bihar,
                 Patna.
           5.    The Deputy Secretary Rural Engineering Organization govt. of Bihar, Patna.
           6.    The Engineer in Chief Rural Engineering organization govt. of Bihar, Patna.
           7.    Executive Engineer Rural Engineering Organization Works Division
                 Bhabhua Kaimur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bibhuti Narayan, Advocate
                 For the Respondent/s     :       Mr. Chitranjan Sinha, PAAG-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   20-01-2026                 1. The petitioner has filed the instant application for

                   the following relief :-

                                                  “That through this an application
                                        issuance of writ in the nature of mandamus for
                                        giving a direction make payment of the admitted
                                        dues amount of the petitioner amounting Rs.
                                        2.50 Lakh which has been recovered from his
                                        arrear of salary even after issuance of modified
                                        LPC vide order contained in memo no. 168
                                        dated 5.2.2016.”
            Patna High Court CWJC No.4867 of 2017(3) dt.20-01-2026
                                                        2/2




                                  2. Mr. Bibhuti Narayan, learned counsel for the

                      petitioner seeks permission to withdraw this application.

                                  3. In view of the above, the application is dismissed as

                      withdrawn.


                                                       (Partha Sarthy, J)
avinash/-

U


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