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Patna High CourtCWJC/10777/2015disposed

Yogendra Prasad v. The State Of Bihar And ORS

2023-08-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10777 of 2015 ====================================================== Yogendra Prasad (since dead), through L.R.,namely, Smt. Raj Kumari John, w/o-Late Yogendra Prasad, Resident of near Jems School, Bhabhua Town, P.S. Bhabhua and District-Kaimur ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar at Patna

2. The Special Secretary Home (Special) Department, Government of Bihar, Patna

3. The Director General of Police, Government of Bihar, Patna

4. The Joint Secretary, Department of Home (Police), Government of Bihar, Patna

5. The Superintendent of Police, Katihar ... ... Respondent/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Alok Kumar Sinha, Advocate Mr.Bhola Kumar, Advocate Mr. Ravi Shankar, Advocate For the Respondent/s :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-08-2023 Reg: I.A. No. 2398 of 2018 1.

The present Interlocutory Application has been filed for substituting the legal heirs of the deceased petitioner who is stated to have died on 02.09.2017.

2.

I.A. No. 2398 of 2018, being formal in nature, is not opposed, hence is allowed.

3.

The Registry is directed to substitute the deceased petitioner by his legal heir i.e. his wife,

Patna High Court CWJC No.10777 of 2015(2) dt.18-08-2023 2/2 details whereof has been mentioned in paragraph no. 2 of the present application.

Reg: CWJC No. 10777 of 2015 4.

The present writ petition has been filed seeking the following relief:- "1.A. For issuance of a writ in the nature of Mandamus commanding the concerned respondents to pay the salary/allowances of the petitioner since the date of his deputation as a Body Guard of MLA forthwith."

5.

At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Special Secretary Home (Special) Department, Government of Bihar, Patna for redressal of her subsisting grievances, if any. Liberty, so sought, is granted.

6.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U