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Patna High CourtCWJC/6436/2014disposed

Mosamat Bachhi Devi v. The State Of Bihar And ORS

2016-01-30Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6436 of 2014 ===========================================================

1. Mosamat Bachhi Devi Wife Of Late Sudarshan Singh Resident Of Chunauti Kuan, P.S.:- Phulwarisharif, District:- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through-Inspector General Of Police, Bihar, Patna

2. The Inspector General Of Police Bihar, Patna

3. The Deputy Inspector General, B.M.P., Bihar, Patna

4. The Commandant Of B.M.P. Arrah .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Respondent/s : Mr. AMAR NATH DEO =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 30-01-2016 Heard the Counsel for the petitioner and the State. The husband of the petitioner was serving the Police Force in the Government having joined on 4.3.1966. He was proceeded against and dismissed from service in November, 1980. The husband survived for 10 years and ultimately died on 20.10.1997. Nearly 17 years thereafter, the writ petition has been filed by the widow raising claim for some of the retiral dues. It is stated that the G.P.F. amount payable to the husband was not cleared/paid.

On the contrary, the State has pointed out from diverse representation filed by her that no such claim, specifically, was raised before the Authority.

On going through the pleadings on record, prima facie, it

Patna High Court CWJC No.6436 of 2014 dt.30-01-2016 2/2 appears the writ application suffers from inordinate delay and latches. The Court is not inclined to exercise its writ jurisdiction in the matter. However, as prayed, the application is disposed of permitting the petitioner to file a specific claim in this regard before the appropriate/competent authority for consideration/examination in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U