Sahzadi Khatoon And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2697 of 2016 ======================================================

1. Sahzadi Khatoon Wife of Late Md. Fatah Alam,

2. Md. Faisal Alam, Son of Late Md. Fatah Alam, Both resident of village - Phensaha, P.S. - Salkhua, District - Saharsa. .... .... Petitioners

Versus

1. The State of Bihar through the Director General of Police, Bihar Old Secretariat, Patna.

2. The Superintendent of Police, Katihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv. For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-01-2018 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioners. There is no representation on behalf of the State. The father of petitioner no.2 died in harness on 7.2.1991 and although a representation was filed on 26.9.1991 for appointment on compassionate ground as Bal Aarakshi but the petitioners did not follow it up rather got engaged with a litigation initiated by the alleged imposter, namely, Tabasum Khatoon claiming to be widow of the deceased Government servant. Even the said litigation arising from Succession Case No. 16/1991 was put to rest when it got dismissed on 19.8.1994 and whereafter petitioner no.1 claims to have represented before the Superintendent of Police, Katihar on 22.8.1994 but thereafter she has awaken from a deep slumber for raising the issue after a gap

Patna High Court CWJC No.2697 of 2016 (2) dt.03-01-2018 of 24 years of the representation.

The claim is grossly belated and the delay of more than two decades does not persuade this Court to grant indulgence. The writ petition is dismissed.

(Jyoti Saran, J) Surendra/- U