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1999 DIGILAW 226 (PAT)

Bharat Prasad Gupta v. State of Bihar

1999-03-26

B.N.AGRAWAL, GURUSHARAN SHARMA

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JUDGMENT B.N.Agrawal, J. 1. Heard the parties. 2. This writ application has been filed for directing the District Magistrate, Patna, respondent no.2 for making payment of charges to the petitioner for requisitioning his Bus No. BHP-9992 for the period between 26th October, 1989 and 15th December, 1989, for the purposes of law and order duty by the respondents at the rate of RS.600/- per day. Undisputedly for the aforesaid period, vehicle of the petitioner was seized for the purposes of law and order duty. The petitioner has been paid charges for his vehicle in question for the aforesaid period at the rate of Rs.220/- per day. So far the buses belonging to the Bihar State Road Transport Corporation are concerned, the same were also seized in the year 1991 but the charges were paid at the rate of Rs. 600/- per day. 3. Payment of charges at the rate of Rs. 220/- per day has been made to the petitioner on the basis of Government order issued on 7.5.1975, which is contained in Annexure 'A' to the counter affidavit filed on behalf of the respondents. From bare perusal of Annexure 'A' it would appear that the said order was issued in the year 1975 and for the vehicles requisitioned in the last financial year, 1974-75, compensation was directed to be paid on the old prescribed rate. It was specifically mentioned that for payment in relation to the next year matter shall be considered in future. It has not been stated that in subsequent financial year there was any fresh order of the Government. From these facts it appears that as the Government order was applicable in relation to the period 1975-76, payment could not have been made to the petitioner in the year 1991 on the basis of the said order. 4. That apart, as the State Government has paid to Bihar State Road Transport Corporation at the rate of Rs.600/- per day in the year 1991, we are of the view that the petitioner should have been also paid at the same rate, who has been paid only Rs.220/- per day. 5. Accordingly, we allow this writ application and direct the District Magistrate, Patna, respondent no. 2 to make further payment to the petitioner at the rate of Rs.380/- per day, for the period of 51 days, i.e. from 26th October, 1989 to 15th December, 1989. 5. Accordingly, we allow this writ application and direct the District Magistrate, Patna, respondent no. 2 to make further payment to the petitioner at the rate of Rs.380/- per day, for the period of 51 days, i.e. from 26th October, 1989 to 15th December, 1989. The said payment must be made to the petitioner within a period of three months from the date of receipt of production of a copy of this order. 6. With the aforesaid direction this writ application is disposed of. I agree.