Ram Sunder Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11398 of 2015 ====================================================== Ram Sunder Choudhary Son of Late Ram Krishna Choudhary resident of village - Khirhar, P.S. Khirher, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Irrigation Department, Sinchai Bhawan, Bailey Road, Patna.

2.

The Executive Engineer, Irrigation Department, Tenughat, Irrigation Circle, Hazaribagh.

3.

The District Madhubani, Madhubani.

4.

The Treasury Officer, Madhubani.

5.

The Accountant General, Birchand Patel Marg, Patna. 6.

The State of Jharkhand through the Principal Secretary Irrigation Department Jharkhand, Ranchi.

7.

The Accountant General, State of Jharkhand at Ranchi. 8.

The Branch Manager, State Bank of India, Baso Patti Branch, PS & Dist Madhubani.

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

For the Petitioner/s :

Mr. Birendra Kumar For the State :

Mr. Sunil Kumar Mandal, SC-3 Ms. Alka Singh Advocate Mr. Arjun Prasad Advocate Ms. Archana Mukherjee Advocate For the Jharkhand :

Mr. Dhruv Mukherjee Sr. Advocate Mr. Md. Nazir Ansara Advocate For the SBI :

Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 21-09-2017 In absence of any clear evidence and material to show that the family pension had not been paid to mother on authorization, mere assertion on an affidavit that it was due and should be paid to the present petitioner, who claims himself to be the son, is like fishing in troubled water. The Court is not

Patna High Court CWJC No.11398 of 2015(5) dt.21-09-2017 2/2 convinced that a mandamus is required to be issued in decisive term in favour of the petitioner.

Writ Application is dismissed.

(Ajay Kumar Tripathi, J) skm/- U