IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.199 of 2005 BIRENDRA SHARMA @ BIRENDRA SINGH, SON OF LATE RAM PRASAD SINGH, RESIDENT OF MOHALLA SAMATI TOLA, SAKSOHARA, ROAD, P.O. BARH, DISTRICT PATNA……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE INSPECTOR GENERAL OF PRISONS, HOME PRISONS DEPARTMENT, BIHAR, PATNA. 3. THE JAIL SUPERINTENDENT, SUB-JAIL BARH, PATNA. 4. JAILOR, SUB-JAIL BARH, PATNA. 5. S.D.O., BARH………….RESPONDENTS. For the petitioner : Ram Hriday Prasad, Advocate. For the respondents : Mr. Manoj Kumar Jha, Advocate. ----------- 04/ 14.02.2011 Heard learned counsel for the petitioner and learned counsel for the respondents State of Bihar and its authorities. Learned counsel for the petitioner submits that petitioner no.1 Bhaskar Prasad Singh died during the pendency of this writ petition after his grievance was redressed by the respondents authorities and hence his heirs do not want to be substituted in his place. Accordingly, let the name of petitioner no.1 be expunged. This case shall continue with petitioner no.2 Birendra Sharma @ Birendra Singh as its sole petitioner. This writ petition has been filed for directing the respondents to pay the arrears of due of Rs.1,15,000.00 to the sole surviving petitioner for supply of materials/food materials in Sub-Jail Barh and for grant of all the consequential benefits, including 18% penal interest on the arrear dues. In the counter affidavit it is stated that the dues amount have been paid to the sole surviving petitioner and only - 2 - Rs.55,057.00 remains to be paid to him. In the aforesaid facts and circumstances this writ petition is disposed of with a liberty to the petitioner to approach the Jail Superintendent, Sub-Jail Barh (respondent no.3) for releasing the admitted dues and interest in favour of the petitioner. If the petitioner files an application before the said authority within 15 days from today along with a copy of this order, the said authority shall decide the matter within two months thereafter and immediately pay all the admitted dues and interest to the petitioner. However, if the petitioner in any manner is aggrieved by the order of the said authority, he shall be at liberty to approach the appropriate forum. Harish (S.N. Hussain, J.)