Bibi Satya v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2255 of 2015 In Miscellaneous Jurisdiction Case No.4062 of 2014 ====================================================== Bibi Satya wife of Md. Ayub Resident of Village- Balha, P.S.- Raj Nagar, District- Madhubani.

... ... Appellant/s

Versus

1.

The Union of India Mr. P.S. Kalra tha Under Secretary to the Govt. of India Swatantrta Sanani Office, Lok Nayak Bhawan, Khan Market, New Delhi. 2.

Mr. Anil Goswami, The Secretary, Ministry of Home Affairs Govt. of India, New Delhi.

3.

The State of Bihar through Mr. Amir Subhani, the Secretary Home (Special) Bihar.

4.

Mr. Giriwar Dayal Singh, the District Collector, Madhubani. 5.

Mr. Pramod Kumar Jha, the Branch Manager, Punjab National Bank, Raj Nagar Branch, Station Road, Madhubani.

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

For the Appellant/s :

Mr Y.V.Giri, Sr. Advocate Mr. Md. Irshad For the Union of India :

Mr. Mr S.D.Sanjay, Addl. S.G.

Mr Satyavrat Verma, CGC For the State of Bihar :

Mr Sushil Kr. Singh, AC to AAG 10 For the Bank : Mr Raj Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 04-10-2017 Heard learned senior counsel for the appellant, learned senior counsel -cum- Additional Solicitor General for Union of India and the counsel for the Bank extensively.

It is doubtful as to whether LPA is maintainable. In addition to that, the Court also is of the opinion that since a writ application

Patna High Court LPA No.2255 of 2015 dt.04-10-2017 2/2 has been filed challenging the decision of cancellation of the freedom fighter pension and which is pending adjudication, which is CWJC No.6908 of 2016, the appellant will be well advised to fight the legal battle in the said writ application. It will open the door or window of opportunity for her.

The appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 06.10.2017 Transmission Date NA