Indu Devi vs The State Of Bihar
2023 Latest Caselaw 3473 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.644 of 2023
                                        In
                   Civil Writ Jurisdiction Case No.358 of 2018
     ======================================================

Indu Devi Wife of Late Raja Ram Singh, Resident of Village and Post Alawalpur, P.S.- Fathuha, District- Patna. Present Address- Resident of MOhalla- Naya Tola, Gauri Chack, P.S.- Gauri Chack, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Rajvindra Singh Bhatthi, The Director General of Police, Bihar, Patna.

3. Mr. Ashok Mishra, the Superintendent of Police, Nalanda.

4. Mr. Praveen Kumar Singh, Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Jay Prakash Singh, Advocate. For the Opposite Party/s : Mr. Prabhat Kumar, AC- GA 11. For the Accountant General : Mr. Arun Kumar Arun, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-08-2023

Heard Mr. Jay Prakash Singh, learned counsel for

the petitioner, Mr. Arun Kumar Arun, learned counsel for the

Accountant General and Mr. Prabhat Kumar, learned AC- GA

11 for the State.

2. By the order under contempt a direction was

issued by this court to the concern respondent authorities to

consider the family pension of the petitioner in the light of the

order passed by the Division Bench of this Court in LPA No.72

of 2018 expeditiously within a period of eight weeks from the Patna High Court MJC No.644 of 2023 dt.02-08-2023

date of receipt/production of a copy of the order.

3. A show-cause has been filed on behalf of the

opposite party no.3.

4. With reference to the averments as well as the

order as contained in Annexure-D to the show-cause,

submission has been made that in compliance of the order of

this Court, the claim of the petitioner was duly considered by

the Superintendent of Police, Nalanda and considering the

facts mentioned therein, the claim of the petitioner has been

rejected.

5. Learned counsel for the petitioner while pressing

his application vehemently submits that the order passed by

the Superintendent of Police as contained in Annexure-D is not

in the spirit of the order passed by this court on 07.12.2022.

Inasmuch as the case of the petitioner is squarely covered by

the order passed by the Division Bench of this court in LPA

No. 72 of 2018.

6. Having heard the rival submissions and taking

note of the facts that an order has already been passed by the

Superintendent of Police, Nalanda, negating the claim of the

petitioner. The petitioner left with no option but to assail the

order as contained in Annexure-D to the show-cause, if feels Patna High Court MJC No.644 of 2023 dt.02-08-2023

aggrieved, before an appropriate forum by filling appropriate

application.

7. In view thereof, the present contempt application

stands disposed of with the aforesaid liberty.

(Harish Kumar, J) manoj/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.08.2023
Transmission Date       02.08.2023