Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.644 of 2023 In Civil Writ Jurisdiction Case No.358 of 2018 ====================================================== Indu Devi Wife of Late Raja Ram Singh, Resident of Village and Post Alawalpur, P.S.- Fathuha, District- Patna. Present Address- Resident of MOhalla- Naya Tola, Gauri Chack, P.S.- Gauri Chack, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. Rajvindra Singh Bhatthi, The Director General of Police, Bihar, Patna. 3.

Mr. Ashok Mishra, the Superintendent of Police, Nalanda. 4.

Mr. Praveen Kumar Singh, Accountant General, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Prakash Singh, Advocate.

For the Opposite Party/s :

Mr. Prabhat Kumar, AC- GA 11.

For the Accountant General :

Mr. Arun Kumar Arun, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-08-2023 Heard Mr. Jay Prakash Singh, learned counsel for the petitioner, Mr. Arun Kumar Arun, learned counsel for the Accountant General and Mr. Prabhat Kumar, learned AC- GA 11 for the State.

2. By the order under contempt a direction was issued by this court to the concern respondent authorities to consider the family pension of the petitioner in the light of the order passed by the Division Bench of this Court in LPA No.72 of 2018 expeditiously within a period of eight weeks from the

Patna High Court MJC No.644 of 2023 dt.02-08-2023 2/3 date of receipt/production of a copy of the order.

3. A show-cause has been filed on behalf of the opposite party no.3.

4. With reference to the averments as well as the order as contained in Annexure-D to the show-cause, submission has been made that in compliance of the order of this Court, the claim of the petitioner was duly considered by the Superintendent of Police, Nalanda and considering the facts mentioned therein, the claim of the petitioner has been rejected.

5. Learned counsel for the petitioner while pressing his application vehemently submits that the order passed by the Superintendent of Police as contained in Annexure-D is not in the spirit of the order passed by this court on 07.12.2022. Inasmuch as the case of the petitioner is squarely covered by the order passed by the Division Bench of this court in LPA No. 72 of 2018.

6. Having heard the rival submissions and taking note of the facts that an order has already been passed by the Superintendent of Police, Nalanda, negating the claim of the petitioner. The petitioner left with no option but to assail the order as contained in Annexure-D to the show-cause, if feels

Patna High Court MJC No.644 of 2023 dt.02-08-2023 3/3 aggrieved, before an appropriate forum by filling appropriate application.

7. In view thereof, the present contempt application stands disposed of with the aforesaid liberty. (Harish Kumar, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2023 Transmission Date 02.08.2023