NAGENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks direction to the Bihar Advocates Welfare Fund Trustee Committee to give him opportunity of hearing and consider his objection before making payment of the amount payable to late Mukteshwar Kumar from the welfare fund to respondent No. 7 Hirday Narayan Kumar.

(2.) LATE Mukteshwar Kumar, an advocate practising at Buxar Civil Courts, became member of the Advocates Welfare Fund created under the Bihar Advocates Welfare Fund Act, 1983, sometime in the year 1988. In course of time he died on 21.11.1997. Respondent No. 7, Hirday Narayan Kumar, one of his sons, filed application for payment of the amount due to his father claiming to be his nominee. According to the petitioner, interpolation was made in the application form in the column meant for the name and address of the nominee or nominees, and the name of respondent No. 7 was mentioned therein after cutting the name of the person who was earlier mentioned against that column. This is the thrust of the petitioners case which was highlighted in course of hearing by his Counsel.

(3.) I do not propose to go into the question as to whether the name of Hirday Narayan Kumar was mentioned in the application by late Mukteshwar Kumar himself or the same was result of some interpolation. No doubt, some words written against the particular column have been cut and below the same the name of Hirday Narayan Kumar has been written. It is, however, difficult to say as to whether this was the handiwork of Hirday Narayan Kumar himself. In my opinion, it is not necessary to go into that question.