Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9728 of 2024 ====================================================== Nilam Devi Wife of Late Vinod Prasad @ Vinid Kumar Resident of VillageJanta Cinema Chowk Ujjain Tola, Police Station- Bettiah Town, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, West Champaran at Bettiah 4.

The District Panchayat Raj Officer, West Champaran at Bettiah. 5.

The Accounts Officer (Pay Fixation), West Champaran at Bettiah. 6.

The Block Development Officer, Bagaha-2, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate Mr. Brij Kishor Mishra, Advocate Mr. Sachidanand Rai, Advocate For the State :

Mr. Dr. Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed with the following relief/s:- "I. For issuance of a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents to pay the A.C.P amount with interest in favour of the petitioner, who is wife of late Vinod Prasad, who died on 29.12.2022 after retirement from the service on 31.08.2012 from the post of Panchayat Secretary, Bagaha-2, District- West

Patna High Court CWJC No.9728 of 2024(2) dt.26-02-2026 2/3 Champaran. For any other order/orders, direction/directions for which the petitioner will be found entitled in the eye of law."

3. Learned counsel for the petitioner submits that it is true that the husband of the petitioner retired from the service on 31.08.2012 and died on 29.12.2022. Counsel submits that the arrears of his pension and other benefits were received on 26.10.2020.

4. Learned counsel for the State opposes the prayer made in the writ petition and submits that by virtue of filing this writ petition, prayer for mandamus has been sought for. But, there is no representation in the writ petition. He further submits that the claim of the petitioner is absolutely time barred.

5. In the present facts and circumstances of the case, it transpires that a prayer for a writ of mandamus has been sought for by virtue of this writ petition, however, no representation has been filed by the petitioner. Therefore, the petitioner is hereby directed to file a representation along with the copy of this order before the concerned respondent authority within 30 days from today. Upon receipt of the same, the authority concerned shall pass a reasoned and speaking order on the petitioner's representation within 90 days thereafter.

Patna High Court CWJC No.9728 of 2024(2) dt.26-02-2026 3/3

6. Accordingly, with the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U