Mina Devi And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17298 of 2018 ====================================================== 1.

Mina Devi and Ors Wife of late Ramchandra Sada 2.

Santosh Sada Son of late Ramchandra Sada 3.

Balbriksah Sada Son of late Ramchandra Sada 4.

Ugendra Sada Son of late Ramchandra Sada 5.

Sita Kumari D/o late Ramchandra Sada(Minor) 6.

Gita Kumari D/o late Ramchandra Sada(Minor). petitioner no. 5 and 6 minors under the guardianship and next friend of their Mother Mina Devi Claimant No. 1.Resident of Village- Jam.... Keshaw Nagar, Police StationChoutham, District- Khagaria. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Deputy Chief Personnel Officer, H.R.D. East Central Railway, Hajipur. 3.

The Divisional Manager, East Central Railway, Samastipur. 4.

The Station Superintendent, East Central Railway Khagaria Junction, District- Khagaria.

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

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.A.K.Pandey, SCGC :

Mr.R.K.Sharma, CGC ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 28-07-2025

1. The Learned counsel for the petitioner intends to withdraw the writ petition with liberty to approach Railway Claims Tribunal, Patna for availing the effective alternative remedy.

2. Liberty is granted. The petitioner had approached this Court without availing the alternative remedy. Accordingly, the petitioner is

Patna High Court CWJC No.17298 of 2018(3) dt.28-07-2025 2/2 directed to file an appropriate application for compensation before the Railway Claims Tribunal, Patna, within one month from the date of receipt of a copy of this order. In turn, the Railway Claims Tribunal shall liberally construe the limitation aspect, taking into account that the writ petition was filed in the year 2018 and shall pass an appropriate order on the application within a period of nine months from the date of its filing.

3. With the abovesaid observation, the writ petition is dismissed as withdrawn with the aforesaid liberty.

(G. Anupama Chakravarthy, J) vinita/- U