Umesh Lal Karna v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22607 of 2013 ====================================================== Umesh Lal Karn (since dead & substituted by legal heirs vide order dated 22.6.2023 passed in I.A. No. 1 of 2022), S/O Late Keshwar Lal Karn Resident Of Village - Rikhauli, P.O. Paktola, P.S. Dumara District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Revenue and Land Reforms Department, Bihar at Patna.

2.

The District Magistrate, Sheohar, District - Sheohar 3.

The Sub - Divisional Officer, Sheohar, District - Sheohar 4.

The Circle Officer Block Dumari ketsari Distt. Sheohar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Respondent/s :

Mr.Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2023 Ref.:-I.A. No. 1 of 2022 The present interlocutory application has been filed for substituting the legal heirs of the deceased petitioner, who is stated to have died on 12.4.2021.

I.A. No. 1 of 2022, being formal in nature, is not opposed, hence, is allowed.

The registry is directed to implead the legal heirs of the deceased petitioner, details whereof has been mentioned in paragraph no. 2 of the present interlocutory application. CWJC No. 22607 of 2013

Patna High Court CWJC No.22607 of 2013(2) dt.22-06-2023 2/3 The present writ petition has been filed for grant of the benefits of second time bound promotion / ACP to the deceased employee, who is stated to have retired from the Anchal Office Dumari Katsari, District-Sheohar on 30.11.2010. The learned counsel for the Respondent-State has submitted that the deceased employee was convicted by the learned Trial Court on the allegation of having defalcated huge sums of money, whereafter he had filed an appeal bearing Criminal Revision No. 117 of 2012, before the learned Court of Additional Sessions Judge, Fast Track Court No. 4, Sitamarhi, against the order, passed by the Sub-Divisional Judicial Magistrate, Sheohar at Sitamarhi, however the same was dismissed by a judgment dated 30.11.2011 and then he had preferred a revision petition before this Court bearing Criminal Revision No. 117 of 2012, which is stated to be still pending. It is thus submitted that on account of the said reasons, the deceased petitioner has not been granted the benefits of ACP / MACP.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the legal heirs of the deceased petitioner to approach the respondent authorities in case of any subsisting grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.22607 of 2013(2) dt.22-06-2023 3/3 The writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U