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Patna High CourtCWJC/9276/2016disposed

Asha Devi v. The State Of Bihar And ORS

2019-04-24Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9276 of 2016 ====================================================== Asha Devi wife of Late Rajendra Prasad, Resident of village- Juljuli Road, Khagra, Ward No. 33, P.O. Kishanganj, P.S.- Kishanganj, Dist.- Kishanganj ... ... Petitioner

Versus

1.

The State Of Bihar through Chief Secretary, Govt, of Bihar, Old Secretariat, Patna 2.

The District Magistrate, Kishanganj 3.

The District and Sessions Judge, Purnea 4.

The District and Sessions Judge, Kishanganj 5.

The Judge Incharge Civil Court, Kishanganj ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Amal Kumar Sinha For Respondents 1 & 2 :

Mr. Kamil Akhtar, AC to AAG 5 For Respondents 3 to 5 :

Mr. Bindhyachal Singh Ms. Smriti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-04-2019 Counsel for the High Court has handed over copy of letter dated 15.4.2019 to the Counsel for the petitioner. Petitioner has claimed appointment on compassionate ground on account of death of her husband in harness on 13.9.2014, who was working on a Class IV post (Peon) in the Civil Court Kishanganj.

Counsel for the respondents submits that pursuant to earlier orders passed by this Court an enquiry was conducted in respect of petitioner's claim. The enquiry has concluded on 15.4.2019 and findings of the enquiry is that the petitioner was third wife and, therefore, in view of the fact that second wife

Patna High Court CWJC No.9276 of 2016(11) dt.24-04-2019 2/2 was still alive claim of the petitioner could not be considered. Counsel for the petitioner seriously disputes this position. It is submitted that there is no second wife. He further submits that he would be assailing the order dated 15.4.2019 passed in the enquiry by the District & Sessions Judge, Kishanganj.

In view of such submission, the writ petition is disposed of with liberty to the petitioner to challenge the order dated 15.4.2019 in a separate proceeding.

The writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U