Purushuttam Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4350 of 2023 ====================================================== Purushuttam Mishra son of Late Chandra Narayan Mishra, resident of Village Bishanpur Seruthu, W.N. 14, Post Office- Bishanpur Seruthu, Via Ujiarpur, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

Department of Home (Special Branch) Bihar, through the Secretary, Government of Bihar, Patna.

4.

The Secretary, Department of Homes (Special Branch) Bihar, Old Secretariat, Patna.

5.

Advisory Council, Senani Samman Yojna, the Department of Homes (Special Branch) Government of Bihar, Old Secretariat, Patna. 6.

The Director-cum- Secretary, J.P. Senani Samman Yojna, the Department of Homes (Special Branch) Government of Bihar, Old Secretariat, Patna. 7.

The Deputy Secretary-cum- Director (Administration)-cum- Incharge J.P. Koshang Shell, the Department of Homes (Special Branch) Government of Bihar, Old Secretariat, Patna.

8.

The District Magistrate, Samastipur.

9.

The Superintendent of Police, Samastipur.

10.

The Sub Divisional Magistrate, Samastipur.

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

For the Petitioner/s :

Mr.Choudhary Shyam Nandan, Advocate For the Respondent/s :

Mr.Md. N.H. Khan (SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of a writ /writs, order/orders, direction/ directions, command / commands and further for issuance of a writ of Mandamus directing the respondents no. 3, 5, 6 and 7 to consider the claim of petitioner for J.P. Samman Yojna pension so as participant in J.P.

Movement 1974 and entitled for

Patna High Court CWJC No.4350 of 2023(2) dt.09-10-2023 2/2 pension, as such release the pension i.e. June 2009 as the petitioner spent in Jail from 03.10.1974 to 06.10.1974 at Samastipur Jail thereafter sent at Chandwara Camp Jail Hazaribagh under MISA ind 34/69 DIR 7 Cr A Act up till 21.12.1974."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Advisory Council, J.P. Senani Yojna, Department of Home (Special) Branch, Government of Bihar, Patna for taking a final decision with regard to the claim of the petitioner regarding grant of J.P. Samman Pension. Liberty, so sought, is granted.

3.

It is expected that as and when the petitioner approaches the respondent authorities, his case shall be processed expeditiously.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U