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Patna High CourtMJC/2329/2021dismissed

Madan Singh v. The State Of Bihar

2022-09-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2329 of 2021 In Civil Writ Jurisdiction Case No.4974 of 2018 ====================================================== Madan Singh Son of Late Kapildeo Singh Resident of Village and Post and Police Station- Baniapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tripurari Sharan Chief Secretary, Old Secretariat, Government of Bihar, Patna.

3.

Dr. Nilesh Chandra Dewre District Magistrate-cum District Collector, Saran at Chapra.

4.

Upendra Thakur Deputy Collector, Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.Lalit Kishore. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2022 The present contempt petition has been filed for initiating contempt proceedings against the opposite parties for disobedience of the order dated 23.07.2019, passed by this Court in C.W.J.C. No. 4974 of 2018.

It is the complaint of the petitioner that though the petitioner had filed appropriate representation before the respondent no. 4 i.e. the Deputy Collector, Saran at Chapra as per the liberty granted by this Court, however, the representation has not been disposed off till date.

Per contra, the opposite parties have filed a show

Patna High Court MJC No.2329 of 2021(4) dt.21-09-2022 2/3 cause wherein it has been stated that the petitioner had appeared in person on behalf of himself as also on behalf of the other claimants who are stated to be the legal heirs of the deceased father of the petitioner namely Late Kapildeo Singh who died in the month of November, 1978 and it was claimed that he was getting a sum of Rs. 200/- as pension from the Central Government, which was paid from the month of April, 1974 to September, 1978. The petitioner is also stated to have received pension at the rate of Rs. 100/- per month from the Government of Bihar.

The opposite parties have submitted that report was called for from the Treasury Officer and the Block Development Officer, Baniapur, whereupon the Block Development Officer, Baniapur had reported that though the name of Late Kapildeo Singh is inscribed in the premises of Baniapur Block, however, no evidence is available in the records of the Block Office and according to the report of the Treasury Officer, Saran, the name of the deceased Kapildeo Singh is neither available nor mentioned in the payment register of freedom fighter.

Patna High Court MJC No.2329 of 2021(4) dt.21-09-2022 3/3 Department), Bihar, Patna, the Sr. Deputy Collector, District General Section, Saran Collectorate, Chhapra, has reached to a conclusion that for issuance of identity cards/certificates regarding freedom fighter pension, P.P.O. number is mandatory, however, the petitioner has failed to provide valid pension payment order number qua the deceased Kapildeo Singh, hence he has rejected the case of the petitioner by a speaking and a well reasoned order dated 06.08.2022.

Having regard to the aforesaid facts and circumstances of the case, this Court is satisfied that the order of this Court, disobedience whereof, has been complained of, has stood complied with inasmuch as the Senior Deputy Collector, District General Section, Saran, Chapra, has passed a reasoned and a speaking order, as was directed by this Court, thus the present contempt petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U