Manju Devi Singhania v. The Union Of India, Through General Manager, Eastern Railway, Kolkata

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.291 of 2015 In MA 342 of 2010 ====================================================== Manju Devi Singhania Wife of Late Gouri Shankar Singhania Resident of Mohalla - Mundichak, P.O. - Ishachaik, P.S. - Ishachak, District - Bhagalpur.

.... .... Petitioner/s

Versus

The Union of India, Through General Manager, Eastern Railway, Kolkata (West Bengal) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Respondent/s : Mr. Vijay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-01-2016 Heard Sri Dhirendra Nath Jha, learned counsel for the petitioner and Sri Vijay Kumar Sinha, learned counsel, who has appeared on behalf of respondent/ Railway.

The present petition has been filed with a prayer to modify the order dated 8.4.2013 passed in Miscellaneous Appeal No. 342 of 2010. While the said Miscellaneous Appeal was allowed with a direction to the respondent/ Railway to pay compensation amount as indicated in the order dated 8.4.2013, learned counsel for the petitioner submits that in Miscellaneous Appeal Union of India through General Manager, Eastern Railway, Kolkata (West Bengal) was impleaded as respondent, however, the Eastern Railway was bifurcated after filing of the

Patna High Court MJC No.291 of 2015 (2) dt.13-01-2016 2/2 claim case and as such, due to inadvertence instead of impleading General Manager , East Central Railway, Hazipur (Bihar) in the memo of Appeal the General Manager, Eastern Railway , Kolkata (West Bengal) was impleaded. He submits that of- course Appeal was allowed but the fruits of the order is not being given to the petitioner on the plea that direction was earlier issued to the General Manager , Eastern Railway, Kolkata (West Bengal). Fact remains that claim was filed against the Indian Railway and after hearing the parties, detail order was passed in Miscellaneous Appeal No. 342 of 2010 on the basis of entire material available on record. The court considers that the present application is required to be allowed and same is allowed. The order dated 8.4.

2013 passed in Miscellaneous Appeal No. 342 of 2010 so far as position of respondent is concerned is modified and in place of Union of India through General Manager, Eastern Railway, Kolkata (West Bengal), it may be read as Union of India through General Manager, East Central Railway, Hazipur (Bihar). The present petition is allowed.

(Rakesh Kumar, J) Praful/- U