Lal Jhari Devi vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3533 of 2022
CNR No. BRHC010155262022
======================================================
Lal Jhari Devi Wife of Late Krishandeo Pandit Resident of Village- Sipah,
P.S.- Arwal, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Agriculture Production Commissioner,
Agriculture Department, Government of Bihar, Patna.
2. The Secretary, Agriculture Department, Government of Bihar, Patna.
3. The Commissioner, Magadh Division, Gaya.
4. The District Magistrate-cum-Collector, District- Jehanabad.
5. The Deputy Development Commissioner, Jehanabad.
6. The S.D.M., Jehanabad, District- Jehanabad.
7. The Block Development Officer, Block- Kako, District- Jehanabad.
8. The District Provident Fund Officer, District- Jehanabad.
9. The Accountant General, Bihar, Beerchand Patel Path, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Adv.
Mr. Hrithik Kumar, Adv.
For the State : Mr. Anurag Pandey, (AC to GP-20)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 26-10-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
setting aside the orders contained in Memo No. 1174 dated
04.09.2013 and Memo No. 839 dated 18.06.2014, by which the
District Magistrate, Jehanabad directed for posthumous

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
2/7
recovery of advance stated to have been given to the deceased
husband of the petitioner from his retiral dues. Further prayer
has been made for direction to the respondent authorities to
disburse the retiral dues of the husband of the petitioner in
compliance of the order dated 11.05.2017 passed by the
Commissioner, Magadh Division, Gaya in Administrative Case
No. 20 of 2009, whereby the proceeding has been directed to
abate against the husband of the petitioner due to his death on
06.05.2010.
3. Learned counsel for the petitioner submits that
the petitioner had moved before this Hon’ble Court twice.
Firstly, the petitioner’s husband moved in C.W.J.C. No. 7083 of
2009 (Krishna Deo Pandit & Ors. Vs. The State of Bihar &
Ors.) challenging the Letter No. 799 dated 05.07.2008 and
Letter No. 224 dated 28.07.2008. Counsel submits that the said
writ petition was disposed of vide order dated 29.06.2009 with
direction to the petitioners to approach the Appellate Authority
namely, Divisional Commissioner, Magadh Division. Counsel
submits that in compliance of the order passed in C.W.J.C. No.
7083 of 2009, the Commissioner, Magadh Division, Gaya has
pleased to pass order on 11.05.2017 by which the order of the
District Magistrate, Jehanabad dated 14.06.2008, letter issued

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
3/7
by the Deputy Development Commissioner, Jehanabad bearing
Letter No. 799 dated 05.07.2008 and letter issued by the
Programme Officer, Kako bearing Letter No. 224 dated
28.07.2008, all were set aside. He further submits that thereafter,
petitioner moved before this Hon’ble Court in C.W.J.C. No.
12667 of 2013 for settlement of the retiral dues of her husband
and the said writ petition was disposed of vide order dated
21.11.2013 with a direction to the District Magistrate to pass
necessary order and direction in this regard within a period of
three months from the date of filing of such an application with
a copy of that order. It was also observed that failure to do, as
directed, within the time-frame will surely entail consequences,
as the husband of the petitioner was a low paid employee, died
in way back in the year 2010 and the widow with children are
running around, looking for relief, which the respondents are
not willing to listen to her.
4. Learned counsel for the petitioner further
submits that in compliance of the order passed in C.W.J.C. No.
12667 of 2013, the District Magistrate has passed order on
04.09.2013 which was subsequently amended vide order dated
18.06.2014. Counsel submits that the District Magistrate has
passed order in the year 2013 and amended in the year 2014

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
4/7
according to which, liability has been casted upon the petitioner
to assure payment. He submits that the genesis of the said order
passed by the Collector are those four letters/orders i.e. decision
of committee of District 20-point programme ( zila 20 sutri
karyakram ) dated 16.09.2007, order dated 14.06.2008, order
dated 05.07.2008 and order dated 28.07.2008, which were set
aside by the Commissioner on 11.05.2017. Counsel submits that
since, genesis of those letters/orders were already set aside by
the Commissioner, therefore, according to him, the orders
passed by the District Magistrate shall be a nullity, though it has
been passed earlier then the order passed by the Commissioner.
5. Learned counsel for the State, on the other hand,
submits that there is no need of any interference in the orders
passed by the District Magistrate dated 04.09.2013 &
18.06.2014, due to the reason that at the time of passing the
order by the Collector, those letters/orders were in existence and
not bad in law.
6. This Court upon perusal of the orders passed by
this Hon’ble Court in the writ petitions, orders passed by the
District Magistrate as well as the order passed by the
Commissioner finds that the genesis of the action/liability upon
the husband of the petitioner are those four letters/orders about

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
5/7
which, there is a categorical finding of the Commissioner,
Magadh Division, Gaya in it’s order dated 11.05.2017 which
states as follows:-
“…...
iwjs ekeys ij lE;d fopkjksijkar ikrk gw¡ fd
fnukad 16-09-2007 dks ftyk 20 lw=h dk;ZØe
dk;kZUo;u lfefr dh gqbZ cSBd ds vkyksd esa xfBr
tkap ny dk tkap izfrosnu LFkkfir izfØ;k ds
foijhr ,d i{kh;] lansgkRed ,oa iwokZxzg ls izsfjr
izrhr gksrk gSA ljdkjh ;kstukvksa ds fØ;kUo;u esa
;kstuk vfHkdrkZ dh Hkwfedk dk;ZLFky ij izkDdyu ds
vuqlkj dk;Z lEiUu djkuk gS] tcfd fØ;kfUor
;kstukvksa dh ekih lacaf/kr duh; vfHk;ark] lgk;d
vfHk;ark ,oa dk;Zikyd vfHk;ark dh ftEesnkjh gksrh gSA
;fn fdlh ;kstuk esa rduhdh inkf/kdkjh ds }kjk le;
ekih ugha dh tkrh gS rks eghu¨as iwoZ djk;k x;k feÍh
dk;Z izHkkfor gksrk gSA blds fy, ;kstuk vfHkdrkZ dks
nks’kh Bgjk;k tkuk vkSfpR;iw.kZ ugha gSA vr% =qfViw.kZ
ikrs gq, ftyk inkf/kdkjh] tgkukckn dk vkns”k fnukad
14-06-2008] mi fodkl vk;qDr] tgkukckn ds i=kad
799 fnukad 05-07-2008 ,oa dk;ZØe inkf/kdkjh] dkdks
ds i=kad 224 fnukad 28-07-2008 dks fujLr fd;k
tkrk gS vkSj vkosndx.k dks vkjksieqDr fd;k tkrk gSA
ftyk inkf/kdkjh] tgkukckn dks lR;sUnz “kekZ] uydwi
feL=h ds mÙkjkf/kdkjh mudh iRuh m’kk nsoh ,oa iq=h

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
6/7
[kq”kcq dqekjh dks muds cdk;k ikoukvksa ,oa vU; ns;
ykHkksa dks nsus gsrq vxzsÙkj dkjZokbZ djus dk vkns”k fn;k
”
tkrk gSA
7. This Court finds that when the order of the
District Magistrate, Jehanabad dated 14.06.2008, letter issued
by the Deputy Development Commissioner, Jehanabad bearing
Letter No. 799 dated 05.07.2008 and letter issued by the
Programme Officer, Kako bearing Letter No. 224 dated
28.07.2008 were set aside then there is absolutely no realization
be made against the petitioner on the basis of those letters and
upon going through the decision of the Commissioner, this
Court finds that the orders passed by the District Magistrate
dated 04.09.2013 contained in Memo No. 1174 (Annexure-8) &
Memo No. 839 dated 18.06.2014 (Annexure-9) are hereby
declared nullity.
8. It is directed to the District Magistrate,
Jehanabad (Respondent no. 4) that a fresh order shall be passed
about the entire payment to the petitioner towards arrear of her
husband within a period of 90 days from the date of production
of a copy of this order. It is made clear that any interpretation by
the District Magistrate shall be made keeping the operative part
of the Commissioner’s order dated 11.05.2017 which is quoted

Patna High Court CWJC No.3533 of 2022 dt.26-10-2026
7/7
above.
9. Accordingly, this writ petition stands allowed.

(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 30/10/2026
Transmission Date NA