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Patna High CourtCWJC/12947/2015dismissed

Dr. Hari Mohan Singh v. The State Of Bihar And ORS

2017-07-13Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12947 of 2015 ======================================================

1. Kusum Kumari, w/o Dr. Hari Mohan Singh, Resident of MohallaTilkamanjhi Hatiya Road Near- Telephone Exchange, P.O. + P.S.- Tilkamanjhi, District- Bhagalpur

2. Prem Nath Singh, s/o Dr. Hari Mohan Singh, Resident of MohallaTilkamanjhi Hatiya Road Near- Telephone Exchange, P.O. + P.S.- Tilkamanjhi, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar represented through Principal Secretary, Agriculture Department, Govt. of Bihar

2. The Principal Secretary, Agriculture Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna

3. The Director, Agriculture Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna

4. The Deputy Secretary, Agriculture Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna

5. The Finance Commissioner, Finance Department, Govt. of Bihar, Patna

6. The Accountant General (A & E), Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binoy Kumar Advocate For the Respondent/s :

Mr. Mahendra Prasad Verma AC to SC-20 For the Accountant General :

Mr. Jitendra Kumar Singh Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 13-07-2017 I. A. No. 1085 of 2016 is for substitution. Names of the legal heirs are indicated in paragraph 3 of the Interlocutory Application.

Interlocutory Application is allowed.

The writ application is dismissed, because the petitioner was a retiree of the year 1986 and he is looking for the benefit of stagnation scheme, which came to an end on

Patna High Court CWJC No.12947 of 2015 (3) dt.13-07-2017 2/2 01.01.1996.

In view of the same, the expectation for such stale claim to be raked up and a demand raised is totally misplaced and not entertainable. This is so especially when the petitioner is said to have died in December, 2016. Latches are writ large on the face of record.

(Ajay Kumar Tripathi, J) SKM/- U