Hasina Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20059 of 2025 ====================================================== Hasina Khatun W/o Late Amerika Ali @ Amirka Ali @ Amir Ali, R/o villageBairha Barahi, P.S. - Bathnaha, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Patna.

2.

The District Magistrate Cum Collector, Sitamarhi. 3.

The Superintendent of Police, Sitamarhi.

4.

The Sub Divisional Officer, Dist. - Sitamarhi. 5.

The Senior Account Officer, Office of the Accountant General (A and E), Bihar Patna.

6.

The Treasury Officer, Sitamarhi.

7.

Sailum Khatun W/o Late Amerika Ali @ Amirka Ali, R/o village- Bairha Barahi, P.S. - Bathnaha, Dist. - Sitamarhi.

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

For the Petitioner/s :

Mr.Md. Mobassar Ali, Advocate.

For the State :

GA-8 For Respondent no.5 :

Dr. Anand Kumar, Advocate.

Mr. Rajan Prakash, Advocate.

Ms. Pragya Kumari, Advocate.

For Respondent no.7 :

Mr. Deepak Kumar, Advocate.

Mr. Padmanabh Kashyap, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2026 Heard learned counsel for the parties.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "That, by the way of this writ application the petitioner prays for issuance of the writ of Mandamus or any appropriate writ / writs / direction / directions / order / orders commanding the State -Respondents to pay the 50% of all due pensionary benefits like amount of gratuity commuted Pension etc. to the petitioner (second wife) and also to pay the remaining 50% of the same to the

Patna High Court CWJC No.20059 of 2025(3) dt.16-07-2026 2/2 Respondent no. 7 (First wife) of Late Amerika Ali @ Amirka Ali, which Amerika Ali has retired on 31-12-2024 from the post of chowkidar from Bathnaha Police Station Sitamarhi and died on 15-09-2025 during the pendency of the pensionary due amounts."

3. Learned counsel appearing on behalf of the petitioner and respondent no.7 submitted that the petitioner is the second wife and respondent no.7 is the first wife of late Amerika Ali @ Amirka Ali and now good sense has prevailed between them, as such, they want to settle the dispute amicably outside the court with the intervention of their family members and well-wishers according to the clarificatory resolution contained in Memo No. 1549 dated 27.06.2011 which has overriding effect over all the previous circulars.

4. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) mantreshwar/- U