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Patna High CourtCWJC/7113/2017disposed

Uma Devi v. The State Of Bihar And ORS

2017-12-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7113 of 2017 =========================================================== Uma Devi, Wife of Late Ramkaran Prasad, a resident of Mathiya, Siwan, Police Station - Mathiya, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Siwan.

3. The District Education Officer, Chapra, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate Mr. Harish Kumar, Advocate For the Respondent/s : Mr. Umesh Narayan Dubey, GP27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 13-12-2017 Counsel for the petitioner is permitted to make necessary correction in the cause title of the writ petition. Counsel for the petitioner submits that the petitioner is the first wife of late Ramkaran Prasad, who died in harness on 23.06.2010.

From the pleadings, it appears that the deceased has solemnized two marriages, one with the petitioner and another with Savita Devi, and in view of the aforesaid, no positive direction can be issued in the instant writ application.

However, liberty shall be granted to the petitioner to file a detailed representation along with a copy of this order before the District Education Officer, Siwan, who shall consider the case of the

Patna High Court CWJC No.7113 of 2017 dt.13-12-2017 2/2 petitioner and also examine the maintainability of her claim vis-à-vis second wife (Savita Devi) and after hearing both the wives, the respondent no.3 shall take appropriate decision in accordance with law within a period of four months from the date of receipt of representation.

With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date21.12.2017 Transmission Date NA