Smt. Hemanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3948 of 2016 Arising out of Miscellaneous Jurisdiction Case No.1976 of 2013 ====================================================== Smt. Hemanti Devi W/O Ram Nandan Das, a Resident Of Village- Kopa, P.SDulhin Bazaar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. Afjal Emam, the Chairman, Patna Municipal Corporation, Patna. 3.

Mr. Shashank Sinha, the Executive Officer, Patna Municipal Corporation, Patna.

4.

Mr. Adesh Chitranare, the Circle Officer, Dulhin Bazar, Patna. 5.

Mr. Jay Singh, the Commissioner, P.M.C., Patna Morya Lok Complex, Patna-1.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the PMC : Mr. Ranjeet Kumar Pandey, Advocate For the State :

Mr. Yogendra Prasad Sinha, AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-07-2019 Nobody appears on behalf of the petitioner.

2. Heard learned AC to AAG 7 for the State and Mr. Ranjeet Kumar Pandey, learned counsel for the Patna Municipal Corporation (hereinafter referred to as the 'Corporation').

3. Pursuant to order dated 26.06.2019, the Municipal Commissioner of the Corporation is present and has filed two show cause. The reason why the Court required his presence is recorded in order dated 26.06.2019.

Patna High Court MJC No.3948 of 2016 dt.19-07-2019 2/3

4. Today, in one show cause simple apology has been tendered for not having complied with the earlier directions of the Court. In the second show cause, copy of order dated 16.07.2019 by the Municipal Commissioner of the Corporation has been brought on record to indicate that the petitioner has been held entitled to payment of death-cum-retiral dues of her late husband. Copy of order dated 17.07.2019 by the Executive Officer, New Capital Circle has also been brought on record to indicate that the same has been quantified as Rs. 3,68,465/- but it has been stipulated that upon the petitioner providing her Bank account number and IFSC Code, payment shall be made through RTGS.

5. On a query of the Court as to how actual payment can be ensured, the Municipal Commissioner of the Corporation volunteered and submitted that within one week, he shall ensure actual payment to the petitioner by deputing a person to locate her and to help her in completing the formalities.

6. Having regard to the assurance given to the Court by the officer himself, the Court finds that the present application is not required to be kept pending.

7. Accordingly, the application stands disposed off on the basis of the assurance given by the Municipal Commissioner

Patna High Court MJC No.3948 of 2016 dt.19-07-2019 3/3 of the Corporation that actual payment shall also be credited into the account of the petitioner within one week from today.

8. Personal appearance of the officer stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T