Md. Akbar Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13241 of 2014 ====================================================== Md. Akbar Khan Son of Late Vaynuddin Khan Resident of Village - Badhpura, P.O. and P.S. - Cherki, District - Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors.

2.

The District Magistrate, Aurangabad.

3.

The District Treasury Officer, Aurangabad.

4.

The Block Development Officer, Navinagar Block, District - Aurangabad. 5.

The Block Development Officer, Kutumba, District - Aurangabad. 6.

Md. Salauddin, Block Nazir, Madanpur Block, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Veer For the Respondent/s :

Mr.Sc19-Ajay Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-07-2019 I.A. No. 5505 of 2015 has been filed seeking substitution of the wife of the original writ petitioner, in view of demise of the original writ petitioner on 21.01.2015. The details of the wife of the original petitioner are available on record in I.A filed.

Let the name of the wife, namely, Murshida Khatoon along with the details as stated in Vakalatnama filed by Murshida Khatoon be incorporated in the brief and the name of Murshida Khatoon be substituted in place of the petitioner. Issue regarding handing over and taking over charge as translator which forms the basis of filing of the writ petition,

Patna High Court CWJC No.13241 of 2014(3) dt.16-07-2019 2/2 in view of demise of original petitioner has become infructuous. Counsel however, submits that order dated 11.11.2013 issued by the Cabinet Secretary Department, (Urdu Directorate) contemplates payment of salary and other allowances as per the law for the period from 21.02.2011 to 03.04.2013 i.e. the period of suspension.

Counsel for the petitioner further submits that he has no instructions of till date said payment has been made or not. Respondent authorities should verify the said fact and if payment in light of the order dated 11.11.2013 has not been paid to the substituted writ petitioner the same should be paid expeditiously to the legal heir within a period of three months from the date of receipt/production of a copy of this order. If there is no due, claim of the petitioner shall be rejected by reasoned and speaking order.

Writ petition stands disposed of with the aforesaid directions.

(Madhuresh Prasad, J) T.Kr./- S.Hassan U