Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15278 of 2022 ====================================================== Janki Devi Wife of Yogendra Narain Mandal @ Yogendra Mandal Resident of Mohalla-Ashrampara, P.S.-Thakurganj, District-Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, Government of Bihar, Patna.

2.

The Director, Agriculture, Mithapur, Patna.

3.

The Joint Agriculture Director (Jute), Purnia. 4.

The Assistant Director, Jute, Kishanganj.

5.

The Assistant Jute, Development Officer, Kishanganj. 6.

The Accountant General Bihar, Veer Chand Patel, Path, Patna. 7.

Sri Yogendra Narain Mandal @ Yogendra Mandal Son of Late Shiv Narain Mandal Resident of Mohalla-Madhura, South Ward no-02 P.O. and P.S.- Narpatganj (Near Middle School), District-Araria. PIN-854335. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the State :

Mr.Dhurjati Kr. Prasad (Gp14) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The present writ petition has been filed seeking the following reliefs:- "(i)For issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondents 1st set to apportion the retiral dues received by the respondent 2nd set and pay the same to this Petitioner as the respondent 2nd set has solemnized the second marriage and since then the Petitioner has been left at the mercy of god and not a single penny has been paid to her out of total retiral dues received by the respondent 2nd set

Patna High Court CWJC No.15278 of 2022(2) dt.11-05-2023 2/2 (Husband).

(ii) For holding and declaring that except pension, the Petitioner being the legally wedded wife is entitled to receive a portion from the other retiral dues which is a property under Article 300 A of the Constitution of India which has been received by the respondent 2nd Set(Husband) after his retirement."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U