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Patna High Court - Orders

Jaimaya Devi @ Jagmaya Devi vs The State Of Bihar & Ors on 14 July, 2009

Author: Shiva Kirti Singh

Bench: Shiva Kirti Singh

                IN THE HIGH COURT OF JUDICATURE AT PATNA

                                 LPA No.650 of 2009

                 Jaimaya Devi @ Jagmaya Devi W/O Late Bajrangi Singh,
                 resident of village- Bindi, PS Banka, District Banka
                                                   .... Petitioner- Appellant

                                          VERSUS
                 1. The State of Bihar through Department of Home (Spl.),
                 Bihar State
                 2. The Accountant General, Bihar, Patna
                 3. The District Magistrate, Banka
                 4. The Treasury Officer, Banka
                 5. The Treasury Officer, Bhagalpur
                                              ..... Respondents-Respondents
                                            -------



4   14.7.2009

Heard learned counsel for the appellant and perused the order under appeal.

Petitioner claims to be a widow of a person, who received Freedom Fighter Samman Pension for about two years, between 1974 and 1976, and died in 1977.

The writ petition has been dismissed by the Writ Court after noticing unusual delay of more than three decades in approaching this Court. Considering all the facts and circumstances and the delay, we find no good reason to interfere with the order of the Writ Court. The exercise of writ jurisdiction is discretionary and such 2 remedy cannot be claimed as a matter of right.

The appeal is, therefore, dismissed.

(Shiva Kirti Singh, ACJ) (Anjana Prakash, J.) sk