IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11231 of 2002 PARMESHWAR LAL S/O LATE SHEO PRASAD LAL R/O VILL- BARTIAR PS. SANDESH DISTT-BHOJPUR AT PRESENT RESID- -ING IN MOHALLA BIRALA COLONY PS. FULWARISHARIF,DISTT -PATNA--------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, REVENUE & LAND REFORMS DEPARTMENT,BIHAR,PATNA 3. THE DIRECTOR LAND RECORDS & SURVEY DEPARTMENT,PATNA 4. THE SETTLEMENT OFFICER, SURVEY SETTLEMENT DEPARTMENT, BALDEO BHAWAN PUNAICHAK,PATNA 5. THE CHARGE OFFICER, SURVEY SETTLEMENT DEPARTMENT, BALDEO BHAWAN, PUNAICHAK,PATNA 6. THE ASSISTANT SETTLEMENT OFFICER, HEAD QUARTER BALDEO BHAWAN, PUNAICHAK, PATNA 7. THE SETTLEMENT OFFICER,BHOJPUR & ROHTAS HAVING ITS OFFICE AT ARRAH 8. THE ASSTT. SETTLEMENT OFFIC ER, SETTLEMENT OFICE, BHOJPUR,ARRAH-----------RESPONDENTS ----------- For the petitioner : Mr. A.C. Jha, Advocate For the State: Mr. Binod Kumar & Dhirendera Kumar J.C. to SC V 7 30.1.2009 Heard learned counsel for the parties. A categorical supplementary affidavit has been filed on behalf of the respondents stating that all the retiral dues of the petitioner stand paid starting from 2002 to 2005 and there is no other claim pending with regard to retiral benefit. Today a supplementary affidavit has been filed on behalf of the petitioner claiming that the respondents ought to treat the petitioner in service from 5.12.1964 till 20.5.1967 which has not been included in calculation of the retiral dues. The respondents have denied this liability in view of the fact that there are no records to sustain such a claim of the petitioner. Even otherwise the Court is of the opinion that in view of the stand taken by the respondents the petitioner will have to seek a declaration by filing a fresh writ application on this issue. - 2 - This writ application has become infructuous and it is dismissed as such with liberty to petitioner to move the competent authority or a court if he needs further declaration for expanding the ambit of consideration of his service period. RPS (Ajay Kumar Tripathi, J.)