Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10729 of 2022 ====================================================== Rita Devi Wife of Sri Shashikant Paswan Resident of Panchayat- Sindhiya, Ward No. 6, Village- Khairpura, P.O.- Tara, P.S.- Sindhiya, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Director General of Police (D.G.P.) Bihar, Patna.

2.

The Director General of Police (D.G.P.) Bihar, Patna. 3.

The S.P., District- Khagaria.

4.

The S.H.O., Khagaria Town Police Station, District- Khagaria. 5.

The Accountant General, Mahalekhakar Bhawan, Beerchand Patel Path, Patna.

6.

Sri Shashikant Paswan Son of Suneshwar Paswan Resident of VillageKhairpura, Post- Tara, P.S.- Sindhiya, Panchayat Sindhiya, Ward No. 6, District- Samastipur.

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Respondent/s :

Mr.Md. Nasrul Huda Khan ( SC 1 ) :

Md. Harun Qureshi, AC to SC 1 For A.G.

:

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2023 The present petition has been filed seeking the following relief :- "(i) For issuance of writ/ writs in the nature of writ of certiorari commanding the state respondents to deduct amount every month from pension of the private respondent no.6 and make payment of the deducted amount to the petitioner who is legally wedded first wife of the private respondent no. 6 because after retirement from service, the private

Patna High Court CWJC No.10729 of 2022(2) dt.01-05-2023 2/2 respondent no.6 has not given a single rupee to the petitioner from his retirement benefits and after retirement from service till today, he is not paying single penny from his pension amount to the petitioner for maintenance of her and her children and the private respondents has given entire retirement benefit to his second wife and entire amount of pension is also being paid to his second wife."

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to first approach the competent civil court having appropriate jurisdiction for obtaining succession certificate and then the respondent- authorities for redressal of her aforesaid grievance. Liberty so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U