Sukhdeo Mahto Vs The Union of India — Patna HC (2024) — LawSathi Research

Sukhdeo Mahto Vs The Union of India — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

None of the prayed-for reliefs was granted. Liberty was granted to the petitioner to approach the Secretary, Home (Special) Department, Government of Bihar, Patna for redressal of his subsisting grievances, if any, following withdrawal of the petition by its counsel.

Issue for consideration

Whether the respondents were to be commanded by writ of mandamus to pay the petitioner arrears of freedom fighter pension of Rs. 1,96,000/- (including specifically from respondent No.6), other benefits to which the petitioner claims entitlement, and interest by way of compensation.

Ratio / Principle

The learned counsel for the petitioner chose not to press the present writ petition and instead sought liberty for the petitioner to approach the Secretary, Home (Special) Department, Government of Bihar, Patna for redressal of his subsisting grievances, if any; the Judge granted the liberty so sought.

Key takeaways

In view of the withdrawal, the Judge disposed of the writ petition without adjudicating the prayed-for reliefs (arrears of freedom fighter pension, other benefits, interest); the merits were left unexamined.ratio¶¶26

Detailed headnote1 paragraphs

Patna High Court — CWJC No.1232 of 2024 (Mohit Kumar Shah J, oral order dated 22-08-2024): Sukhdeo Mahto v. The Union of India through Home Secretary & seven other respondents (incl. Ministry of Home Affairs; State of Bihar/Home (Special) Department; Collector, S.D.O. and Circle Officer, Samastipur; Branch Manager, SBI Dalasingsarai). Petitioner sought writs of mandamus for payment of arrears of freedom fighter pension of Rs. 1,96,000/- (generally and specifically from respondent No.6), other benefits, and interest by way of compensation. Before adjudication the petitioner's counsel withdrew the petition and obtained liberty to seek redressal of subsisting grievances from the Secretary, Home (Special) Department, Government of Bihar, Patna; the Judge granted the liberty and disposed of the petition. Merits left open; no statute or precedent cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1232 of 2024

======================================================

Sukhdeo Mahto Son of Late Urhul Mahto Resident of Village-Baikunthpur, Brahanda, P.O.-Ghatho, P.S.-Ujiarpur, District-Samastipur.

... ... Petitioner/s

Versus

The Union of India through the Home Secretary, Govt. of India, New Delhi.

The Ministry of Home affairs Govt. of India, New Delhi.

The State of Bihar through Chief Secreary, Govt. of Bihar, Patna.

The Home (Special) Department, Govt. of Bihar, Patna.

The Collector, Samastipur.

The S.D.O. Dalasingsarai Samastipur.

The Circle Officer, Ujiarpur Block, District-Samastipur.

The Branch Manager, State Bank of India, Branch Dalasingsarai, DistrictSamastipur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Surya Narayan Roy : Mr. Ashok Kumar Singh, Adv. For the UOI : Mr. Awadhesh Kumar Pandey, Sr. CGC : Mr. Brajesh Pandey, CGC : Mr. Lokesh, Adv. For the SBI : Mr. Satya Vrat, Adv. For the State : Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

3 22-08-2024 The present writ petition has been filed seeking the

following reliefs:-

"(i)To issue a writ of mandamus, commanding the respondents to pay arrears of freedom fighter pension to the tune of Rs. 1,96,000/.

(ii)To issue a writ of mandamus, commanding the respondents to pay other benefits which the petitioner is entitled to.

(iii)To issue an appropriate writ commanding the

Patna High Court CWJC No.1232 of 2024(3) dt.22-08-2024 2/2

respondent No.6 to pay arrears of freedom fighter pension of Rs. 1,96,000/- to the petitioner.

(iv) To issue an appropriate writ commanding the respondents to pay interest by way of compensation"

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 Secretary, Home (Special) Department, Government of Bihar, Patna for redressal of his subsisting grievances, if any. Liberty, so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J)

Kanchan,suruchi/-

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