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Patna High CourtCWJC/18040/2022disposed

Phul Kumari Devi v. The State Of Bihar

2023-06-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18040 of 2022 ====================================================== Phul Kumari Devi wife of Shyam Babu, Resident of Village- Kharika, P.S.- Sonpur, District- Saran at Chhapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Excise Prohibition and Registration, Govt. of Bihar, Patna. 2.

The Joint Commissioner (Excise), Department of Excise Prohibition and Registration, Govt. of Bihar, Patna.

3.

The Assistant Excise Commissioner, Excise Office, Bhojpur at Ara. 4.

The Principal Accountant General (A and E), Veerchand Patel Path, Patna, Bihar.

5.

Shyam Babu, S/o Late Ramputa Das, Resident of Village- Kharika, P.S.- Sonpur, District- Saran at Chhapra, presently posted as Excise Constable in the office of Assistant Excise Commissioner, Excise Office, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nirbhay Prashant For the Respondent/s :

Mr.Vivek Prasad (Gp7) For ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For directing the respondent authorities to not approve the pension paper of the private respondent wherein and whereunder private respondents submitted the name of his second wife Laxmi Devi along with her four daughters, even though his first wife, Phul Kumari Devi (petitioner) is alive.

(ii). For directing the respondent authorities to additional deduction of monthly maintenance amount of Rs. 10,000/- per month till realization

Patna High Court CWJC No.18040 of 2022(2) dt.26-06-2023 2/2 of arrear of monthly maintenance amount of Rs. 96,000/- from the salary of the private respondent in the light of Annexure-P/7.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the learned Court of Principal Judge, Family Court, Bokaro, by filing appropriate petition for execution of the order dated 21.9.2021, passed in OMC No. 137 of 2021. Liberty, so sought, is granted. It is needless to state that the petitioner would also be at liberty to approach the Respondent State authorities for redressal of her aforesaid grievances.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U