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Patna High CourtCWJC/2514/2019withdrawn

Santosh Kumar v. The State Of Bihar And ORS

2020-08-28Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2514 of 2019 ====================================================== Santosh Kumar, aged 56 years (M) son of Late Bimal Prasad @ Jainendra Prasad Srivastava resident of Chitrakut Nagar Road No. 7, Danapur, Police Station- Khagaul, District- Patna- 800012.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Information and Public Relation Department, Government of Bihar, Patna.

3.

The Director, Information and Public Relation Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate For the State :

Mr. S K Mandal, SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-08-2020 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Heard Mr. Suraj Narain Yadav, learned counsel for the petitioner and Mr. S K Mandal, learned SC 3 for the State.

3. The petitioner has moved the Court for the following reliefs:

"That this is an application for issuance of an appropriate writ in the nature of Mandamus and/or any other appropriate writ, order or direction commanding upon the respondents to pay to the petitioner the Provident Fund, Death-cumGratuity, G.I.S., Leave Encashment and other dues

Patna High Court CWJC No.2514 of 2019 dt.28-08-2020 2/2 payable to the own deceased brother of the petitioner namely late Kanchan Prasad who died in harness on 11.09.2014 in P.M.C.H., Patna."

4. In view of the materials brought on record in the pleadings of the State, learned counsel for the petitioner submitted that he may be permitted to withdrawn the application to move before the competent Court for obtaining Succession Certificate in his favour with regard to the retiral dues of his late brother.

5. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn.

6. The Court would only indicate that it has not gone into the merits of the rival contentions and it shall be open to the parties concerned to raise all points available to them, which shall be considered by the Court concerned, in accordance with law. (Ahsanuddin Amanullah, J.) P. Kumar/Anand Kr.

AFR/NAFR U T