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Patna High CourtCWJC/10349/2025disposed

Tussi Kumari v. The State Of Bihar

2025-07-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10349 of 2025 ====================================================== Tussi Kumari D/o Arun Kumar Mahto, W/o Ramesh Chandra, Resident of Village-Burhni Chak, Police Station-Badh, Dist.-Patna. At Present addressResident of Village-Semra, P.S. Fardon, P.O. Gauria, Dist.-Lakhimpur Khiri. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Admistrative and Karmik Deptt. Government of Bihar.

2.

That Commissioner of Patna.

3.

The District Magistrate, Patna.

4.

The Sub-Divisional Officer, Patna, City.

5.

The Sub-Divisional Office, Badh.

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

For the Petitioner/s :

Mr. Chandra Bhushan Singh, Advocate For the Respondent/s :

Mr. Standing Counsel (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (a) For issuance of appropriate writ/ Order or direction to set aside annexure-8 of this writ application and directed to respondent no. 3 for appointment on ground of compassionate to this petitioner on death of her father (Night Guard, Class IV), dated 30.01.2014.

(b) For issuance of appropriate writ/ order or direction to respondent to

Patna High Court CWJC No.10349 of 2025(2) dt.08-07-2025 2/2 release the retirement benefit due whatever to this petitioner as a sole dependent daughter of her father.

(c) For issuance of appropriate writ/ order or direction to the respondents as requirement at the time of hearing and other relief as short as on judicature.

3. Learned counsel for the State submits that the District Compassionate Committee, at the time of rejecting the claim of the petitioner, has taken a reasonable decision, as the committee has described the situation under which the claim of the petitioner was not considered.

4. Upon perusal of the same, it transpires to this Court that a disputed question is involved in the present matter, therefore, this case cannot be decided by the Writ Court. As such, the petitioner shall be at liberty to file a Title Suit before the Civil Court for a declaration that she is the only heir of her father.

5. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J.) Aman Kumar/- U