SHILO DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of the reasons stated in the application for condonation of the delay of 13 days, the delay infilling of the L.P.A. is condoned, and accordingly, the I.A. No. 2344 of 2012 (Limitation Petition) stands disposed of. Heard the counsel for the parries.

(2.) Learned counsel Mr. Prem Jujari Roy sought to withdraw the power from this case, which is permitted.

(3.) Learned counsel Mr. Sumeet Gadodia appearing for the appellant submitted that the appellant was rival claimant before the Department of the State Government for all of the benefits which became due, due to the death of the appellant's husband, whereupon the Department has passed the order that the Succession Certificate may be obtained. Even after taking note of this fact, as well as inspite of taking note of the fact that the appellant has already filed the Succession Case before the Court of the Principal District Judge, Latehar being Succession Case No. 6 of 2011 and inspite of the fact that the respondentwrit petitioner did not implead the appellant in the writ petition, allowed the writ petition being W.P.(S) No. 7232 of 2011. It is submitted that the appellant is aggrieved party against the judgment of the learned Single Judge dated 18.6.2012 as in view of the observations made in the impugned judgment, the Department has no option but to pay all the amount to the writ-petitioner respondent in spite of the fact that the appellant's contention has been partly accepted by the State Government and in view of the directions of the Department, the appellant has also filed the Succession Case which is pending in the Court of law, therefore, the appellant be permitted to prefer the appeal against the order dated 18.6.2012.