Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12397 of 2018 ====================================================== Rajesh Kumar, Son of late Sukhdeo Mahto, Resident of Village- Ruhelaganj, Police Station-Lalit Narayan Mithila University, Darbhanga, District Darbhanga.

... ... Petitioner

Versus

1.

The State Of Bihar, through the Under Secretary, General administration Department, Government of Bihar, Patna 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate-Cum-Chairman, District Compassionate Committee, Darbhanga.

4.

The Deputy Development Commissioner, Darbhanga. 5.

The Additional Collector, Darbhanga.

6.

The Circle Officer, Sihwara, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajendra Narayan, Sr. Advocate Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondents :

Mr. Sheo Shankar Prasad SC8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-03-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Mr. Rajendra Narayan, learned senior counsel appearing on behalf of the petitioner, submits that there was partition in the family of the petitioner before death of the bread-earner and internal family arrangement was made on account of the partition by metes and bounds; and as such the ground for rejection of the application for compassionate ground is unsustainable.

Patna High Court CWJC No.12397 of 2018(2) dt.12-03-2021 2/2 Considering the aforesaid submission, the writ application is disposed of with liberty to the petitioner to produce the documents showing partition by metes and bounds by the competent authority and if that is established, the respondents may consider the case of the petitioner for appointment on compassionate found. If the documents are not produced by the petitioner to the satisfaction of the respondents, respondents are not required to consider the case of the petitioner. The decision must be taken at the earliest within a period of four weeks from the date of receipt/production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U