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Patna High CourtCWJC/2695/2012disposed

Lalmuni v. The State Of Bihar And ORS

2015-10-05Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2695 of 2012 =========================================================== Lalmuni Wife of Late Kaluth Ram, Resident of Mohalla-Sandalpur, Ambedkar Patha, P.S.-Sultanganj, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Office situated at 'Vikas Bhawan', Bailey Road, P.S.-Shastrinagar, District-Patna.

2. The Patna Municipal Corporation through the Municipal Commissioner, Office Situated at Budha Marg, P.S.-Kotwali, District-Patna.

3. The Chief Accounts Officer, Patna Municipal Corporation, Budha Marg, P.S.- Kotwali, District-Patna.

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

For the Petitioner/s : Mr. Ramendra Kumar, Advocate.

For the P.M.C.

: Mr. Ranjeet Kumar Pandey, Advocate. For the State : Mr. Kumar Alok, S.C. 8.

Mr. Rikesh Sinha, A.C. to S.C. 8.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 05-10-2015 Heard learned counsel for the parties.

From the counter affidavit filed on behalf of respondents no. 2 and 3 in December, 2014, copy of which has been served on learned counsel for the petitioner in January, 2015, all dues to the petitioner are stated to have been paid except remaining amount of provident fund amounting to Rs. 16,385/- for which it has been stated that cheque dated 05.04.2014 is lying with the respondents and because the petitioner had died, the same could not be paid and it will be paid to her successor. In view of there being neither any rejoinder to the counter affidavit nor any substitution petition filed, despite granting time on 21.01.2015 and 04.09.2015, this

Patna High Court CWJC No.2695 of 2012 dt.05-10-2015 2/2 Court does not deem it necessary to keep the matter pending. Accordingly, the writ petition stands disposed off. However, with regard to the admitted amount lying with the respondent Corporation, the heirs of the late petitioner may approach before the respondent no. 2 along with a copy of this order who shall ensure that such payment is made after due verification in accordance with law within four weeks thereafter. (Ahsanuddin Amanullah, J.) P. Kumar U T