Avanish Kumar Singh vs State Of Bihar - 2021 Supreme(Pat) 1020

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1020

MADHURESH PRASAD
Avanish Kumar Singh – Appellant
Versus
State Of Bihar – Respondent

Advocates:
Advocate Appeared:
Vijay Kumar, Advocate, Mahendra Prasad Verma, Advocate, Kaushal Kumar Jha, Advocate, Manoj Kumar Singh, Advocate

JUDGMENT :

Madhuresh Prasad, J.

Heard learned counsel for the petitioner and the respondents.

2. The writ petitioner has sought quashing of letter dated 24.08.2016 issued by the Executive Engineer, Tax Division, Building Construction Department whereby and whereunder there is an order for deduction of a sum of Rs. 20,98,757/- (Twenty Lakhs Ninety Eight Thousand Seven Hundred and Fifty Seven) only as house rent from the petitioner. The same has been issued pursuant to the directive of the Estate officer dated 20.07.2006. The demands have been made in view of the fact that the petitioner overstayed in a Government accommodation allotted to him in his capacity as Member of the Bihar Legislative Assembly. The petitioner claims that though he had resigned from membership of the Assembly he was entitled to retain the accommodation in his capacity as Member of the State Legislature Research and Training Bureau (Rajya Vidhayee Adhyayan and Prasikshan Bureau).

3. Counter affidavit and rejoinder has been filed in the instant proceeding. On completion of the pleadings, it appears that earlier also the petitioner had approached this Court by filing a writ petition seeking quashing of letter dated

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