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Patna High CourtCWJC/7927/2015disposed

Rajkumari Devi v. The State Of Bihar

2023-11-23Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7927 of 2015 ====================================================== Rajkumari Devi wife of Late Rajeshwar Prasad Ex-Research Officer, Irrigation, Khagaul, resident of Rama Bhawan, Ramna Road, P.S- DistrictGaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Water Resource Department, Patna. 2.

The Engineer in chief, Water Resource Department, Govt. of Bihar, Patna. 3.

The Deputy Director, Water Resource Department, Patna. 4.

The Under Secretary, Water Resources Department, Bihar Patna. 5.

The Accountant general (A and E), Bihar, Patna. 6.

The Treasury Officer, Vishwaraiya Bhawan, Patna. 7.

The Finance Department, Bihar, Patna. null null 8.

The Executive Engineer, Planning Investigation Division Division-I, Anishabad, Patna. null null 9.

The Under Secretary, Government of Bihar, Finance Department, Bihar, Patna.

10.

The Secretary, Government of Bihar, Water Resources Department, Patna. 11.

The Engineer -in-Chief, Rural Works Department Govt. of Bihar, Patna. 12.

The Executive Engineer, Rural Works Department, Dumrao Division, Buxar. 13.

The Finance Secretary, Govt. of Bihar, Patna. 14.

The Chief Zonal Manager, SBI, SBI Zonal Office, Gandhi Maidan, Patna. 15.

The Chief General Manager, SBI Pension Division Anta Ghat, Patna. 16.

Chief Manager, SBI Ramna Road Branch, Gaya.

17.

Manager, Ramna Road Branch, SBI, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rashid Izhar, Adv.

For the State :

Mr. Sita Ram Yadav, GP 16 with Mr. Rakesh Kumar Shrivastava, AC to GP 16 For the Accountant General :

Mr. Vivekanand Kumar, Adv.

For the SBI :

Mr. Rakesh Kumar Singh, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-11-2023 Heard Mr. Rashid Izhar, learned counsel representing the petitioner; Mr. Rakesh Kumar Shrivastava, learned counsel

Patna High Court CWJC No.7927 of 2015 dt.23-11-2023 2/3 for the State; Mr. Rakesh Kumar Singh, learned counsel appearing on behalf of the State Bank of India (SBI) and Mr. Vivekanad Kumar, learned counsel for the Accountant General.

2. In deference to the order of this Court dated 08.08.2023, a report has been submitted by the District Magistrate, Gaya in a sealed cover, which is opened in presence of all the parties. From perusal of the report, it appears that pursuant to the direction of this Court an enquiry has been conducted with regard to the whereabouts of the petitioner who is no more alive as per the information furnished by the respondent authorities. From the report it also appears that after the death of the son of the deceased pensioner, she left Gaya and started residing with her daughter somewhere in New Delhi but despite best effort, her whereabouts could not be located.

3. In view of the report submitted by the District Magistrate, this Court is not in a position to continue with the present writ petition in absence of the legal heir(s)/representative who is not coming forward to file a substitution petition claiming the amount for which the petitioner was entitled to.

4. Considering the facts of the present case, the writ petition stands disposed of for want of any legal representation

Patna High Court CWJC No.7927 of 2015 dt.23-11-2023 3/3 and thus it consigned to the record.

5. It is needless to observe that the legal heir(s)/representative of the petitioner is at liberty to approach the authority concerned, including the respondent Branch Manager, S.B.I., Ramna Road Branch, Gaya along with the necessary documents in support of his/her claim for withdrawal of credited amount.

6. In case the legal heir(s)/representative of the petitioner files an application for withdrawal of the credited amount, necessary order for payment and consequent action thereupon shall be taken in accordance with law. (Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 25.11.2023 Transmission Date