IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12546 of 2006 MD.SHAMIM, SON OF LATE ABDUL AZIZ, RESIDENT OF MOHALLA- YUSUFGANJ (CHURIPATTI), P.O.- LAHERIASARAI, POLICE STATION- LAHERIASARAI, DISTRICT – DARBHANGA. ………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. THE CHIEF EXECUTIVE OFFICER, DARBHANGA MUNICIPAL CORPORATION, DARBHANGA. ……… RESPONDENTS ----------- 4 26.04.2011 Heard Sri Sunil Kumar Karn, learned counsel for the petitioner, learned counsel for respondent no. 1/State and learned counsel appearing on behalf of respondent no. 2/Chief Executive Officer, Darbhanga Municipal Corporation, Darbhanga. The present writ petition was filed for direction for clearing pre & post retiral dues. In the petition, a detailed counter affidavit was filed on behalf of the ‘Corporation’, wherein, it has been indicated that almost all the grievances of the petitioner have been redressed. However, in paragraph no. 9 of the counter affidavit, it was stated that balance amount may be paid as and when revenue collection of the ‘Corporation’ becomes normal. Learned counsel for the petitioner has filed rejoinder to the counter affidavit and states that still some dues have not been 2 cleared by the ‘Corporation’. In view of the facts and circumstances, particularly, the stand taken by the ‘Corporation’ in its counter affidavit, which was filed in 2007 itself, the court is of the opinion that the writ petition can be disposed of granting liberty to the petitioner to file a fresh representation for remaining grievances before respondent no. 2/Chief Executive Officer, Darbhanga Municipal Corporation, Darbhanga, within a period of six weeks. If such representation is filed, respondent no. 2, is required to examine the same and pass appropriate order, in accordance with law, within a period of four months from the date of filing of such representation. If respondent no. 2, considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues within aforesaid time. Even in case of refusal, respondent no. 2, is required to pass a reasoned order within aforesaid time. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)