Mosmat Shyam Sundari Devi vs The State Of Bihar Through Smt. ...
2021 Latest Caselaw 4768 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No. 473 of 2017
                                    Arising out of
                    Civil Writ Jurisdiction Case No. 12549 of 2014
      ======================================================

Mosmat Shyam Sundari Devi, Wife of Late Sidheshwar Prasad, resident of Village and PO- Sarahan, PS- Pandarak, District- Patna. At present residing at Village- Karuamara, PS- Chautham, District- Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through Smt. Ansul Arya, the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

2. Mr. Jay Singh, the District Magistrate, Khagaria.

3. Mr. Dineshwar Prasad Singh, the Engineerin-Chief-cum-Special Secretary, Public Health Engineering Department, Bihar Patna.

4. Mr. Raghav Jee Ram, the Chief Engineer, Public Health Engineering Department, Bihar, Patna.

5. Mr. Ramakant Singh, the Executive Engineer, Public Health Engineering Division, Khagaria.

6. Mr. Ali Haidar, the Sub, Divisional Officer, Public Health Engineering Sub-

Division, Khagaria.

7. Mosmat Manju Sinha, Second Widow of late Sidheshwar Prasad, Resident of Village- Batuin, PS Pandarak, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the State : Mr. Alok Ranjan, AC to AAG5 For the opposite party no. 7 : Mr. Chandra Sen Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-09-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bhola Kumar, learned counsel for the

petitioner; Mr. Alok Ranjan, learned AC to AAG 5 for the State

and Mr. Chandra Sen Prasad Singh, learned counsel for the

opposite party no. 7.

Patna High Court MJC No.473 of 2017 dt.22-09-2021

3. The present application has been filed for initiating

contempt proceeding against the concerned opposite parties for

violation of the order dated 29.09.2015 passed in CWJC No.

12549 of 2014.

4. Learned counsel for the State submitted that as per

the order of the Court dated 29.09.2015, the authorities were

directed to take a final decision in the matter, in accordance with

law, within a period of three months in view of the representation

relating to grant of family pension to the petitioner filed by her on

01.05.2014. He submitted that in terms thereof, the authorities

have passed final order on 30.11.2015, copy of which is Annexure

B to the show cause filed on behalf of opposite parties no. 1 and 3

to 5.

5. Learned counsel for the petitioner does not dispute

the position.

6. Learned counsel for the opposite party no. 7

submitted that she is the second wife and has not been paid any

family pension.

7. Having regard to the fact that the Court by judgment

dated 29.09.2015 passed in CWJC No. 12549 of 2014, had only

directed the authorities to take a final decision on the

representation of the petitioner, in accordance with law, and the Patna High Court MJC No.473 of 2017 dt.22-09-2021

authorities having taken a final decision, nothing further remains

in the present petition and accordingly, the same stands disposed

of.

8. As far as the opposite party no. 7 is concerned, if she

is aggrieved by any decision or order passed by the authorities, the

same being a separate cause of action, she is at liberty to assail it

before the appropriate forum, in accordance with law.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T