Dr. S. Majhar Bari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4714 of 2015 ====================================================== Dr. S. Majhar Bari son of late Abdul Kayum resident of village Bibipur Uttar Tola P.O. & P.S. Kako District Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Director, Animal Husbandary Department, Government of Bihar.

3. The Deputy Secretary, Animal and Fishery Resources Department Government of Bihar.

4. The Accountant General, Bihar, Patna

5. The District Animal Husbandary Officer, Jehanabad.

6. Dr. Bilquish Bari wife of Dr. S. Majhar Bari resident of Mohalla Taj Colony, P.O. Gaya Sadar P.S. Kotwali District Gaya.

7. Nazra Khatoon W/o Dr. S. Majhar Bari R/V Bibipur - Uttar Tola P.O. & P.S. Kako, Distt. Jehanabad.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Respondent/s : Mr. Ramadhar Singh, GP 25 Mr. Syed Arshad Alam Ms. Anjum Praveen ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

15-02-2017 Heard Sri Paras Nath, learned counsel for the petitioner, Sri Ramadhar Singh, learned Govt. Pleader - 25 as well as Sri Syed Arshad Alam, learned counsel assisted by Ms. Anjum Praveen, learned counsel who has appeared on behalf of respondent no. 6/first wife of the petitioner. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has sought for following relief:- "For issuance of a writ in the nature of Mandamus and Certiorari commanding the respondent authorities to add the name of the

Patna High Court CWJC No.4714 of 2015 (5) dt.15-02-2017 2/2 second wife of the petitioner namely Nazra Khatoon in the Pension Payment Order No.

312902/Case No.PR-246(01-02) therein the name of first wife namely Dr.Bilquish Bari is already exist or issued a fresh PPO adding the name of the both wives of the petitioner namely Dr.Bilquish Bai (first wife) the respondent no.6 and Nazra Khatoon, the second wife of the petitioner may be issued."

On perusal of the prayer made in the writ petition, the Court is of the opinion that such relief may not be entertained by this Court, that too while exercising the writ jurisdiction. It is admitted fact that respondent no. 6, who is the first wife of the petitioner, is alive and her name was mentioned as nominee in the pension paper and as such, the Court may not encourage a government servant to solemnize second marriage during the life time of first wife.

The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U