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Patna High CourtCWJC/19960/2018dismissed

Mahadeo Thakur v. The Union Of India And ORS

2020-01-31Mr. Justice Shivaji Pandey,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19960 of 2018 ====================================================== Mahadeo Thakur, Son of Late Bauyelal Mistry @ Baidyanath Thakur, Resident of Village- Adalpur, Behat (East), Jhanjharpur, P.S, R.S. Sivir, Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, Rail Dhanbad-826001. 2.

The Assistant Personnel Officer, Divisional Rail Manager, East Central Rail, Dhanbad - 826001.

3.

Senior Divisional Rail Manager, East Central Rail, Dhanbad - 826001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anwar Karim, Adv.

Mr. Kameshwar Prasad Gupta For the Respondent/s :

Mr. Bijay Kr. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 31-01-2020 Heard learned counsel for the parties.

In the present case, the petitioner is claiming that his deceased father, namely, Bauyelal Mistry, which is also clearly mentioned in his death certificate, used to be also called as Baidyanath Thakur but, in the present case, a claim has been made that his father was used to be called as Baidyanath Thakur whereas the Tribunal, vide its order dated 17.7.2018, has rejected the claim of the petitioner giving liberty that if he is so sanguine that his father's name was also Baidyanath Thakur, he should have approached to the civil court for proper declaration.

Patna High Court CWJC No.19960 of 2018 dt.31-01-2020 2/2 In that view of the matter, we do not find any error in the order passed by the Tribunal. Accordingly, the present writ application is dismissed with the same liberty as given in the order passed by the Tribunal.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.02.2020 Transmission Date