Arif Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5302 of 2024 ====================================================== Arif Ahmad Son of Late Ahsan Ahmad Resident of 303, A.H. Complex, Kabari Gali, Exhibition Road, P.S.- Gandhi Maidan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

2.

Maintenance Tribunal, Birchand Patel Path, Opposite Income Tax Complex, Patna, through its Chairman.

3.

Sub-Divisional Officer, Patna Sadar.

4.

Shamima Ahmad Widow of Late Ehsan Ahmad Resident of Mohalla- Kabari Gali, Exhibition Road, P.S.- Gandhi Maidan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghib Ahsan, Sr. Adv.

Mr. Ashar Abhtav, Adv.

Mr.A. Hassan, Adv.

Mr. Wasi Akhtar, Adv.

For the Respondent/s :

Mr. Mujtabaul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2024 The present writ petition has been filed seeking the following relief:- "1. That the petitioner prays for issuance of writ, order / direction to quash the notice dated 27.11.2023 issued over the signature of Sub-divisional Officer, Patna Sadar, whereby and whereunder the petitioner has been asked to appear in person on 02.12.2023 in the office of the Respondent Tribunal alongwith objection and documents and show cause in writing as to why the application filed by Resp. No.4 U/S- 4 of the Maintenance and Welfare of Parent and Senior Citizens Act, 2007 be not allowed fixing 2.12.2023 as

Patna High Court CWJC No.5302 of 2024(2) dt.20-06-2024 2/2 the date of hearing."

2.

It is submitted by the Learned Senior Counsel for the petitioner that during the interregnum period, the learned Court of Tribunal-cum-Sub-Divisional Officer, Patna Sadar, has passed the final order dated 30.3.2024 in Case No. 126/2023, hence, the present writ petition has been rendered infructuous, nonetheless, it is submitted that the petitioner be granted liberty to challenge the aforesaid order dated 30.3.2024, by filing appropriate appeal. Liberty, so sought, is granted. 3.

It is needless to state that in case, appropriate appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits without being impeded by the issue of limitation and pass a reasoned and a speaking order, in accordance with law, forthwith. 4.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U