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Satyendra Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Satyendra Sah Vs The State of BiharSatyendra Sah v. The State of Bihar

Disposed¶22

Satyendra Sah v. The State of Bihar

Patna HC20 Aug 2024CWJC/17226/2023

Case brief

AI extract

What is this about?

Satyendra Sah v. The State of Bihar & Ors.; Patna High Court; Civil Writ Jurisdiction Case No.17226 of 2023; decided 20-08-2024 by Mohit Kumar Shah, J.; mandamus sought for Lakshmi Bai Vidhwa Pension to widow Sukhiya Devi, widow of Late Ganga Sao/Ganga Saw (died 25/01/2005), Village Machhariyawan, P.S. Fatuha, District Patna; BDO Daniyawan notice dated 5.4.2022 seeking documents; BDO letter to District Magistrate, Patna dated 20.4.2023; Social Welfare Department; Sub Divisional Public Grievance Cell, Patna City; writ petition disposed with liberty to widow to submit documents within two weeks and BDO to process and decide pension case within six weeks thereafter; respondents' counsel Amit Prakash (Ga13); petitioner's counsel Usha Kumari Singh.

What did the court decide?

No mandamus for immediate payment; instead, liberty granted to the petitioner's mother (Sukhiya Devi) to furnish the requisite documents before the Block Development Officer, Daniyawan, within two weeks, whereupon the BDO is to process her widow pension case and pass appropriate orders within six weeks thereafter.

Why is it important?

Liberty granted to the mother of the petitioner to furnish the requisite documents before the Block Development Officer, Daniyawan, within two weeks from the date of the order. ¶21

What the court decided

AI extract

Outcome

No mandamus for immediate payment; instead, liberty granted to the petitioner's mother (Sukhiya Devi) to furnish the requisite documents before the Block Development Officer, Daniyawan, within two weeks, whereupon the BDO is to process her widow pension case and pass appropriate orders within six weeks thereafter.

Issue for consideration

Whether a writ in the nature of mandamus should be issued directing the respondents to issue and pay Lakshmi Bai Vidhwa Pension to the petitioner's widow mother, Sukhiya Devi, from the date of death of her husband, late Ganga Saw, who died on 25/01/2005.

Court's answer

Liberty granted to the mother of the petitioner to furnish the requisite documents before the Block Development Officer, Daniyawan, within two weeks from the date of the order.

Ratio / Principle

Upon the requisite documents being furnished, the Block Development Officer, Daniyawan, shall process the mother's case for grant of widow pension and pass appropriate orders within six weeks thereafter.

Detailed headnote1 paragraphs

Writ petition (Civil Writ Jurisdiction Case No.17226 of 2023, Patna High Court, decided 20-08-2024, Mohit Kumar Shah, J.) filed by the son, Satyendra Sah, seeking mandamus for issuance and payment of Lakshmi Bai Vidhwa Pension to his widow mother, Sukhiya Devi, from the date of death of her husband, late Ganga Saw (25/01/2005). Counsel for the Respondent-State pointed out that the BDO, Daniyawan, had already sought documents from the widow by notice dated 5.4.2022 (Annexure-R/B to counter affidavit) and had mentioned the matter in his letter to the District Magistrate, Patna, dated 20.4.2023. The Court disposed of the petition, granting the widow liberty to furnish the requisite documents before the BDO, Daniyawan, within two weeks, and directing that the BDO thereupon process her case for grant of widow pension and pass appropriate orders within six weeks thereafter.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17226 of 2023

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

Satyendra Sah Son of Late Ganga Sao Resident of Village Machhariyawan P.S.- Fatuha District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Patna.

The Additional Chief Secretary/Principal Secretary, Social Welfare Department Government Bihar, Patna.

The District Magistrate, Patna.

The Sub Divisional Public Grievance Cell, Patna city, Patna.

The Block Development Officer, Daniyawan, Patna.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr.Usha Kumari Singh, Adv. For the Respondent/s : Mr.Amit Prakash (Ga13) ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

3 20-08-2024 The present writ petition has been filed seeking the

following relief:-

“1(i). For issuance of writ in the nature of mandamus directing the respondent concerned to issue and pay Lakshmi Bai Vidhwa Pension to the widow mother of the petitioner, namely, Sukhiya Devi, in her account from the date of death of her husband, namely, late Ganga Saw, who died on 25/01/2005.”

At the outset, the learned counsel for the RespondentState submits that though the mother of the petitioner is claiming payment of Lakshmi Bai Vidhwa Pension, however, the petitioner, who is the son of the widow lady, has instead

Patna High Court CWJC No.17226 of 2023(3) dt.20-08-2024 2/2

approached this Court, nonetheless, the Block Development Officer, Daniyawan, vide notice dated 5.4.2022, had asked for certain documents from the mother of the petitioner, as is apparent from Annexure-R/B to the counter affidavit, as also had mentioned about the same, in his letter written to the District Magistrate, Patna, dated 20.4.2023, hence, in case the mother of the petitioner approaches the Block Development Officer, Daniyawan, and furnishes the requisite documents, her case for grant of widow pension shall be processed forthwith.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the mother of the petitioner to furnish the requisite documents before the Block Development Officer, Daniyawan, within a period of two weeks from today, whereupon the Block Development Officer, Daniyawan, shall process the case of the mother of the petitioner for grant of widow pension and pass appropriate orders, within a period of six weeks, thereafter.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J)

Ajay/- U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a writ in the nature of mandamus should be issued directing the respondents to issue and pay Lakshmi Bai Vidhwa Pension to the petitioner's widow mother, Sukhiya Devi, from the date of death of her husband, late Ganga Saw, who died on 25/01/2005.¶17
The court held
Liberty granted to the mother of the petitioner to furnish the requisite documents before the Block Development Officer, Daniyawan, within two weeks from the date of the order.ratio¶21

Procedural history

How this case reached the court

AI extract

Prior proceeding
The Block Development Officer, Daniyawan, by notice dated 5.4.2022, had asked for certain documents from the petitioner's mother (apparent from Annexure-R/B to the counter affidavit).¶20
Prior proceeding
The BDO, Daniyawan, also mentioned the demand for documents in his letter written to the District Magistrate, Patna, dated 20.4.2023.¶20

Parties & counsel

AI extract

petitioner
Satyendra Sah Son of Late Ganga Sao Resident of Village Machhariyawan P.S.- Fatuha District- Patna.¶3
Usha Kumari Singh
respondent
The State of Bihar Patna.¶6
Amit Prakash (Ga13)
respondent
The Additional Chief Secretary/Principal Secretary, Social Welfare Department Government Bihar, Patna.¶7
Amit Prakash (Ga13)
respondent
The District Magistrate, Patna.¶8
Amit Prakash (Ga13)
respondent
The Sub Divisional Public Grievance Cell, Patna city, Patna.¶9
Amit Prakash (Ga13)
respondent
The Block Development Officer, Daniyawan, Patna.¶10
Amit Prakash (Ga13)

Coram

AI extract

Mohit Kumar Shahauthor¶14

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 20 Aug 2024 · August
Registered: 6 Dec 2023
Case no.: CWJC/17226/2023
CNR: BRHC011155172023
Bench: Mohit Kumar Shah
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Satyendra Sah v. The State of Bihar, CWJC/17226/2023 (PAT), decided on 20 August 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

The Block Development Officer, Daniyawan, by notice dated 5.4.2022, had asked for certain documents from the petitioner's mother (apparent from Annexure-R/B to the counter affidavit).
The BDO, Daniyawan, also mentioned the demand for documents in his letter written to the District Magistrate, Patna, dated 20.4.2023.

View full history

Bench / Coram

Mohit Kumar Shah

Parties & counsel