Pratap Narayan Singh vs The State Of Bihar on 15 September, 2020

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Patna High Court - Orders

Pratap Narayan Singh vs The State Of Bihar on 15 September, 2020

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                      (FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
                               Civil Writ Jurisdiction Case No.12169 of 2019
                 ======================================================
                 Pratap Narayan Singh
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar & Ors.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Satyendra Rai, Advocate
                 For the Respondent/s   :      Mr.Abbas Haider (SC6)
                 For the Corporation    :      Mr. Prabhakar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

6   15-09-2020

Although a supplementary counter affidavit has been filed on behalf of respondent no. 2 to 4, however on going through the same, this Court has noticed that the affidavit does not answer the query of this Court duly recorded in the order dated 09.07.2020.

Mr. Prabhakar Singh, learned counsel for the Municipal Corporation admits that he is aware of the directions contained in the said order and is looking for the instruction on that issue but the same has yet not been made available to him.

This is totally unfortunate that despite a specific direction of this Court given two months back the Municipal Corporation is not coming out with the complete materials in order to assist this Court to come on a just and proper conclusion. If by the next date the complete materials as indicated in the order dated 09.07.2020 are not placed on the Patna High Court CWJC No.12169 of 2019(6) dt.15-09-2020 2/2 record, this Court would have to summon the records as well as the competent officer of the Municipal Corporation to appear and assist this Court.

It further appears from perusal of paragraph '9' of the Supplementary counter affidavit that there is completely vague statement with regard to the payment of ACP. What is the decision in this regard and why the employees from PRDA would not be paid ACP or have not been paid ACP is not duly explained. This would also be required to be specifically answered by the Corporation.

Mr. Abbas Haidar, learned counsel representing the State has complained that none of the copies of the counter affidavit are being served upon him, if it is so, by the next date all the copies of the counter affidavits and other pleadings must be served on Mr. Haidar, failing which those counter affidavits and pleadings would not be considered.

Let the matter be listed after two weeks i.e. on 30th September, 2020.

(Rajeev Ranjan Prasad, J) Rajeev/-

U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.

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Patna High Court - Orders