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Patna High CourtMJC/159/2018disposed

Bageshwari Devi v. The Union Of India Through The Ministry Of Home Affairs, Govt. Of India, Freedom Fighter Section An

2019-11-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 159 of 2018 Arising out of Civil Writ Jurisdiction Case No. 8255 of 2012 ====================================================== Bageshwari Devi, aged about 90 years, Wife of Late Triveni Kant Jha, Resident of Village and P.O.- Sonupur, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Home Affairs, Government of India, Freedom Fighter Section, Lok Nayak Bhawan, Khan Market, New Delhi.

2.

Mr. Tilak Raj, the Under Secretary, Ministry of Home Affairs (FFR Division-CZ Section), First Floor, Lok Nayak Bhawan, Khan Market, New Delhi.

3.

The State of Bihar through the Joint Secretary Home (Spl.) Department, Bihar, Patna. (Rajeev Ranjan Sinha).

4.

Mr. Pranav Kumar District Magistrate, Samastipur. 5.

Mr. Subhash Kumar, Treasury Officer, Samastipur. 6.

Mr. C. Nadunchezhian/Ms Mausami Roy Bhattacharya, B. N. Singh, Accountant Genreal (A & E) Jharkhand, P.O.- Doranda, Ranchi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. S. D. Sanjay, ASG and Mr. Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-11-2019 Heard learned counsel for the petitioner and Mr. S. D. Sanjay, learned Additional Solicitor General for the Union of India.

2. At the very outset, Mr. S. D. Sanjay, learned Additional Solicitor General produced copy of judgment dated 30.08.2019 passed in LPA No. 1231 of 2017 and submitted that the

Patna High Court MJC No.159 of 2018 dt.04-11-2019 2/2 Division Bench has interfered in the order dated 23.09.2016 passed in CWJC No. 8255 of 2012, non compliance of which has been alleged in the present application. It was submitted that the direction issued by the learned Single Judge has been modified with liberty to the authorities to further enquire into the matter in light of the observations made in the order.

3. The position is not disputed by learned counsel for the petitioner.

4. In view thereof, nothing further remains in the present application and the same stands disposed off. (Ahsanuddin Amanullah, J.) Anand Kr.

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