Chana Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2312 of 2016 ====================================================== Chana Devi wife of Late Arun Thakur resident of village P.S. - Bihra, District - Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Deputy Secretary, Department of Home (Special), Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home (Special), Government of Bihar, Patna.

3.

The District Magistrate, Saharsa.

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Respondent/s :

Mr.Sarvesh Kr. Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. A writ of certiorari for setting aside Memo No.46-2/Saharsa dated 12.01.2012 (Annexure- 4) issued under the signature of Respondent District Magistrate, Saharsa whereby and whereunder petitioner has been directed to deposit an amount of Rs.45,000/- which has been paid to her under "J.P. Sanani Samman Yojna" in light of letter No. 686 dated 30.09.2011 of Home (Special) Department, Govt. of Bihar, Patna, by which the aforesaid pension, which was granted to her earlier, has been cancelled.

ii) A writ in the nature of Mandamus commanding and directing the Respondents concerned to

Patna High Court CWJC No.2312 of 2016(3) dt.19-09-2024 2/2 restore/continue the payment of aforesaid pension as the same was being paid to the petitioner after due verification and completing all paraphernalia but all of a sudden it has been stopped and order has been issued to recover the amount already paid to the petitioner."

2. At the outset, the learned counsel for the respondent-State submits by referring to the counter affidavit filed in the present case on behalf of the respondent no.3, that the department has waived off the amount to be recovered from the petitioner and has in fact started making payment of J.P. Senani Samman Pension to the petitioner, who is the wife of the J.P. Senani, hence it is submitted that the present writ petition has been rendered infructuous.

3. The learned counsel for the petitioner submits that if it be so, the present writ petition be disposed off.

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

(Mohit Kumar Shah, J) sonal/- U