IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5445 of 2003 RAMESHWAR THAKUR, son of late Biphan Thakur, resident of village Saidpur Dhava, P.S. Arwal, District Arwal (Jehanabad) … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Arwal (Jehanabad) 3. The Director of Agriculture, Patna 4. The District Officer of Agriculture, Jehanabad 5. The Block Development Officer, Karpi, P.S. Karpi, District Arwal … Respondents ----------- 3. 13.8.2009 Heard counsel for the parties. The prayer in this writ application is confined to payment of arrears of salary for the period 26.7.1990 to 30.11.1999 and differential pay for the period 1.4.1997 to 31.1.1999. The Block Development Officer, Karpi by the counter affidavit on behalf of respondents no. 2 and 5 has taken the following stand: “ That the petitioner’s claim for non-payment of arrears of salary at promoted scale for the period from 26.7.1990 to 30.11.1999 and 1.4.1997 to 31.1.1999, in the writ application, has already been paid. The petitioner has been paid Rs. 60,849/- through Cheque No. 3679664 dated 22.8.2003, Bank of India, Arwal and he has already received payment on 22.8.2003” 2 There being no rejoinder affidavit to the said counter affidavit this Court will have to proceed that the statement made by the respondents asserting complete payment, as indicated above, is correct and will have to be accepted. That being so, this application in the light of the stand taken in the counter affidavit has become infructuous and is accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/