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Patna High CourtMJC/4567/2018consigned

Sudam Devi v. The State Of Bihar

2019-01-30Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4567 of 2018 In Civil Writ Jurisdiction Case No.14991 of 2014 ======================================================

1. Sudam Devi wife of Late Suresh Choudhary, R/0 Sarh Manjhigawn, P.S. Sirddalla, Dist. Nawada.

2. Subodhkant son of Late Suresh Choudhary, R/o Sarh Manjhigawn, P.S. Sirddalla, District-Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar through Mr. Kaushal Kumar, son of not known to this petitioner, District Magistrate, Nawada

2. Mr. Jitendra Srivastava, son of not known to this petitioner, Commissioner, Magadh Division, Gaya.

3. Mr. Chandrashekhar Azad, son of not known to this petitioner, Sub- Divisional Officer, Rajauli, Nawada.

4. Ram Balak Chauhan, son of Mangar Chauha, R/o-Village Pachamba, P.S. Sirddalla, District-Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra For the Opposite Party/s :

Mr. S. Raza Ahmad - Aag 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

In the present case, the writ application stood disposed of in the following terms:- "It is made clear that since the original petitioner died during pendency of the writ application and the petitioner Sudam Devi was substituted in his place and now that the other legal heirs have given no objection in her favour, the District Magistrate, Nawada, shall consider her case in accordance with law and pass appropriate orders preferably within a period of six weeks from the date of receipt / production of a copy of this order.

Patna High Court MJC No.4567 of 2018(6) dt.30-01-2019 2/2 This application stands allowed.

No costs."

The State of Bihar has filed their show-cause stating that after due consideration of the matter, the District Magistrate as head of the District Level Selection Committee, in pursuance of the order dated 29.08.2018 passed by this Court, has taken a conscious decision in the light of the Control Orders of the year 2016 and rejected the case of the petitioner. In that view of the matter, no further case of contempt is made out. The application stands consigned with liberty to the petitioner to assail the aforementioned order in accordance with law.

(Anjana Mishra, J) Saif/- U