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Patna High CourtMJC/4906/2011disposed

Smt. Bhuli Devi And ANR. v. The State Of Bihar And ORS

2017-06-21The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4906 of 2011 =========================================================== 1(a) Smt. Bhuli Devi, wife of Sri Mangho Mullick, resident of Masood Bigha, P.S. Barh, District- Patna (daughter of the deceased) 1(b) Rahul Mullick, S/o- Late Bimal Mullick, resident of Mohalla- Bhusko, P.S. Khusrupur, District- Patna, the grand son of the deceased. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Urban Development Government of Bihar, Patna, namely Mr. Shashi Shekhar Sharma.

2. Sri Lalit Mohan Prasad, The Executive Officer, Khushrupur Nagar Panchayat, Khushrupur, Distt- Patna

3. The Khushrupur Nagar Panchayat, Khushrupur, Disst- Patna through its Executive Officer, namely Sri Lalit Mohan Prasad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advoate For the State : Mrs. Shally Kumari, A.C. to S.C. 24 For O.P. No. 2 : Mr. Manoj Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 21-06-2017 Claim of the original petitioner Langara @ Panna Dom has been settled by the Nagar Panchayat in question. However, now, a dispute has arisen after death of the original petitioner Langara @ Panna Dom and his grandson is claiming the benefit and the Executive Officer, Nagar Panchayat, Respondent No. 2 says that the claim of the original petitioner with respect to the legal heirs can be settled only after production of the Succession Certificate. I find no error in the aforesaid demand of the Executive Officer. The legal heirs of the original petitioner, if they

Patna High Court MJC No.4906 of 2011 dt.21-06-2017 2/2 have any grievance still subsisting with regard to the settlement of the claim, they can produce an appropriate Succession Certificate before the Executive Officer of the Nagar Panchayat now and on the same being done, the Executive Officer of the Nagar Panchayat (Respondent No. 3) shall take steps for settlement of the claim. With the aforesaid liberty to the legal heirs of the original petitioner, the application stands disposed of. (Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.06.2017 Transmission Date