The High Court held that a writ petition seeking execution of a family settlement to grant retirement benefits to legal heirs is not maintainable, as civil courts are the competent forum.
The writ petition was dismissed sans merits, holding it not maintainable as it sought execution of a family settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8787 of 2023
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(iii) Birendra Kumar Mishra, son of late Bhagwan Mishra
(iv) Vikash Kumar Mishra, son of late Bhagwan Mishra
All are resident of Resident of village- Kalyanpur, P.O. Berath, P.S.Charpokhari, District- Bhojpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bishwajeet Pandey, Adv. For the PMC : Mr. Ranjeet Kumar Pandey, Adv. For the State : Mr. Yogesh Kumar, AC to SC 9 =======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 07-12-2023
Heard Mr. Bishwajeet Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ranjeet Kuamr Pandey, learned counsel for the Patna Municipal Corporation. The State is represented by Mr. Yogesh Kumar.
Patna High Court CWJC No.8787 of 2023 dt.07-12-2023 2/4
Re.: Interlocutory Application No. 1 of 2023
submits that during the pendency of the present writ petition the sole petitioner namely, Sri Bhagwan Mishra, died on 12.02.2023 and as such an Interlocutory Application bearing I.A. No. 1 of 2023 has been filed for substituting the names of his legal heirs, particular of which has been duly mentioned in paragraph no. 2 thereof.
Re.: Civil Writ Jurisdiction Case No. 8787 of 2023
Patna High Court CWJC No.8787 of 2023 dt.07-12-2023 3/4
Corporation nor he can claim the retiral benefits of the respondent no. 5 from the Patna Municipal Corporation, inasmcuh as, he has no locus standi to present the writ petition. He further submits that the original petitioner claimed himself to be brother of respondent no. 5 prays for execution of the undertaking given by the respondent No. 5.
Patna High Court CWJC No.8787 of 2023 dt.07-12-2023 4/4
merit. Accordingly, the writ petition stands dismissed.
(Harish Kumar, J)
Anjani/-
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| Uploading Date | 11.12.2023 |
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1 issue framed by the court
Whether the extraordinary jurisdiction of this Court can be invoked to execute a family settlement regarding retirement benefits.
1 provisions across 1 enactments
Sri Bhagwan Mishra (since dead) and legal heirs
The State of Bihar Through Principal Secretary, Urban Development Department
The Commissioner, Patna Municipal Corporation
The District Magistrate Cum Collector, Patna
The Executive Officer, Patliputra Circle, Patna Municipal Corporation
Hare Ram Mishra
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
