Patna High CourtCWJC/6174/2015dismissed

Fatima Khatun @ Fatma Khatoon v. The State Of Bihar And ORS

2016-04-27Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6174 of 2015 ===========================================================

1. Fatima Khatun @ Fatma Khatoon wife of Late Mazharuddin, Resident of Village + P.O.- Rajokhar, P.S.- Araria R.S., District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Public Health Engineering Department, Bihar, Patna

2. The Secretary, Department of Public Health Engineering Department, Bihar, Patna

3. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna

4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna

5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Bihar, Patna

6. The Chief Engineer, Department of Public Health Engineering Department (Mechanical), Bihar, Patna

7. The Superintending Engineer, Department of Public Health Engineering, Purnea Circle, Purnea

8. The Executive Engineer, Public Health Division, Purnea

9. The Executive Engineer Public Health Division, Saharsa

10. The Executive Engineer, Public Health Division, Kishanganj

11. The Accountants General (A & E), Bihar, Patna

12. The District Accounts Officer, District- Kishanganj

13. The Treasury Officer, Kishanganj

14. The District Magistrate, Kishanganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Pandey For the Respondent/s : Mr. Rajesh Kumar, AC to GP 28 For the Accountant General : Mr. Bindhyachal Rai =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 27-04-2016 Writ application is dismissed for the sole reason that the courts of law have not been created to accommodate a litigant according to his or her convenience even if the issue or the cause of action arose two decades back.

Patna High Court CWJC No.6174 of 2015 dt.27-04-2016 Death of the husband happened on 1.2.1994. She had earlier approached the Court vide CWJC No. 13458 of 2001, which was permitted to be withdrawn on 28.01.2002. Now after 12 years, writ has been filed on 20th April, 2015 for regularization of service of the husband of the petitioner.

Such writs are not required to be entertained. The reasoning given by the petitioner that she was an illiterate lady without any resource cannot be a ground for entertaining such stale time barred claims.

(Ajay Kumar Tripathi, J) R.K.Pathak/- AFR/NAFR NAFR CAV DATE Uploading Date 28/04/2016 Transmission Date