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Patna High CourtCWJC/7012/2019dismissed

Arbind Kumar Mahto v. The State Of Bihar

2024-02-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7012 of 2019 ====================================================== Arbind Kumar Mahto S/o Late Satrudhan Mahto, R/O Village- Simri, P.O.- Kansi Simri, P.S.- Simri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar though Principal Secretary, Department of Rural Development, Govt. of Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Dy. Collector District Establishment, Muzaffarpur. 4.

Block Development Officer, Block- Mushhari, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Respondent/s :

Mr.Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-02-2024 Counsel for the petitioner and counsel for the State present.

2. The present writ petition has been filed for directing the respondent to appoint the petitioner on compassionate ground by one Late Ramchandra Choudhary who was working on the post of Panchayat Secretary at BlockMushari, Muzaffarpur.

3. Counsel for the State raised preliminary objection and submits that the present case is not maintainable due to two reasons. The first reason counsel assigned that the cause of action to file this case has arisen in the year 1988 and present writ petition has been filed in the year 2019.

Patna High Court CWJC No.7012 of 2019(5) dt.28-02-2024 2/2

4. Counsel further submits that the second ground is that the petitioner is the maternal son of the deceased employee as the deceased employee has only daughter whose marriage was solemnized with one Satrudhan Mahto and petitioner is son-in-law of the deceased.

5. In the light of the present fact and circumstances, it transpires to this Court that writ petition is not maintainable (Dr. Anshuman, J) Sunnykr/- U