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2025 Supreme(Online)(Pat) 2098

PATNA HIGH COURT
AJIT KUMAR, J
Bibi Nazia – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Satish Chandra Jha
For the Respondents:Mr. Addl. Advocate General, Mr. Vivekanand Kumar

Table of Content
1. petitioner's claim for family pension under muslim personal law. (Para 2 , 3)
2. government circulars cannot restrict rights granted by personal law. (Para 4 , 5)
3. court's direction to reassess the petitioner's claim based on established laws. (Para 6 , 7)

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 04-12-2025 Heard learned counsel for the parties.

2. In the instant writ petition, the petitioner has prayed for following relief;

“1(i) To quash the reasoned order bearing Memo No. 1493, Birpur, dated 01.07.2019 (Annexure P/1) issued under the signature of the Chief Engineer, Birpur, Supaul, whereby and where under, the claim of the petitioner for grant of family pension in compliance to the order dated 20.06.2018 passed in C.W.J.C. No. 9491 of 2010 (Annexure-P/7) has arbitrarily been rejected on the basis of incorrect facts and in violation of order passed by this Hon'ble Court, which is reported in 2017(2) P.L.J.R.-920. Aforesaid order is further bad in law, because, the petitioner who is second wife of Late Muslim Mian and she is only surviving widow of her husband Late Muslim Mian.

(ii) To quash the part of Clause (3) of Resolution bearing Memo No. 1549 da

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