Bhawesh Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 13577 of 2016 ====================================================== Bhawesh Kumar Sinha, Son of Late Gajadhar Prasad, Resident of MohallaBurhanath Ghat (near Burhanath Temple), P.S. Adampur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Land and Revenue Department, Govt of Bihar, Patna.

3.

The Commissioner, Bhagalpur Commissionary, Bhagalpur. 4.

The District Collector/ Magistrate, Bhagalpur. 5.

The Circle Officer, Circle Office, Sabour, Bhagalpur. 6.

The Accountant General, Accountant General Department of Birchand Patel Path, Patna.

... ... Respondent/s ====================================================== For the Petitioner/s :

M/s Amit Narayan, Abhimanyu Pratap, Advocates For the Respondent/s :

Mr Subhash Chandra Yadav, GP XV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2019 IA No 85 of 2017 has been filed for substitution of the name of the petitioner.

It is submitted that the wife and other legal heirs of the petitioner may be substituted in place of the original petitioner in view of his demise on 20.11.2016. IA No 85 of 2017 is allowed.

Let the names of legal representatives mentioned in paragraph 5 of the IA be substituted in place of the original petitioner.

Heard learned counsel for the petitioners and the respondent-State.

It is submitted by petitioners' counsel that though the

Patna High Court CWJC No.13577 of 2016(3) dt.28-02-2019 2/2 District Screening Committee, in its meeting dated 06.02.2010, recommended grant of first and second ACP to the original petitioner with effect from the dates mentioned in the order dated 19.02.2010 issued by the District Magistrate, Bhagalpur under Memo No 47, benefits of the same have not been given to the petitioners. He further submits that he has instructions that in the meantime, the sanction for the said benefit has been sent to the office of the Accountant General.

In view of such development, this Court does not consider it necessary to keep the writ petition pending. However, it is expected that if there is no legal impediment in grant of benefits arising out of order dated 19.02.2010, the respondent-authorities should ensure that the monetary benefits arising out of the said order dated 19.02.2010 are made available to the petitioners positively within four weeks from the date of receipt/production of a copy of this order before the respondents.

Writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- U