Bhirgunath Choubey v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13448 of 2015 ======================================================

1. Bhirgunath Choubey Son of Late Kumar Choubey R/o village - Bahera, P.O. Babhani, P.S. Kargahar, Distt. - Rohtas .... .... Petitioner/s

Versus

1. The Union of India

2. Ministry of Home Affairs, Government of India

3. The Commandant, S.R.P.F. Group VII, Nadial, Distt. Khera ( Gujrat )

4. Accountant General, Gujrat

5. Treasury officer, Khera, Gujrat

6. The Collector, Rohtas

7. The S.P., Rohtas

8. The Officer - in - Charge, Kargahar Police Station, Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman For the State : Mr. Apurv Kumar, A.C. to G.A.11 For the Union of India : Mr. Shyam Bihari Singh. C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the Union of India.

In this case, the petitioner is seeking relief of retiral dues of his brother, who was constable in C.R.P.F. and died on 12.4.1977.

Learned counsel for the petitioner submits that his brother was unmarried and he has been declared as nominee. From the averments of the writ application, it appears that all the cause of action has taken place in the State of Gujarat and so much so that it is a matter of 1977. On both the counts i.e.

Patna High Court CWJC No.13448 of 2015 (2) dt.16-05-2016 2/2 on the point of jurisdiction and on the ground of stale claim, the petition is not sustainable. Accordingly, this writ petition is dismissed.

(Shivaji Pandey, J) pawan/- U