IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1450 of 2011 In Civil Writ Jurisdiction Case No. 13745 of 2007 With Interlocutory application No. 6936 of 2011 In Letters Patent Appeal No. 1450 of 2011 ====================================================== Chandeshwari Yadav @ Gopal Yadav, Son of Late Sri Bhagwant Yadav, Resident of Maulabagh, Ara, P.S.- Ara Nawada, District- Bhojpur, Bihar. .... .... Appellant/s Versus 1. Union of India through the Secretary, Department of Food and Civil Supply at New Delhi 2. Senior Regional Manager, Food Corporation of India, Regional Office, Patna , Bihar 3. Assistant Manager (Personnel), Food Corporation of India, Regional Office, Patna, Bihar 4. The District Manager, Food Corporation of India, District Office, Near Bus Stand Saharsa, Bihar. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Krishna Bihari, Advocate. For the Respondent/s : Mr. Raghib Ahsan, (Assistant S.G) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 17-11-2011 Re. Interlocutory Application No. 6936 of 2011: The delay of 121 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1450 of 2011: Feeling aggrieved by the order dated 3rd December Patna High Court LPA No.1450 of 2011 (3) dt.17-11-2011 2 / 2 2 2010 made by the learned single Judge in above CWJC No. 13745 of 2007, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant claims to be the son of Late Sri Bhagwant Yadav. The said Sri Bhagwant Yadav retired from the service of the Food Corporation of India and died on 12th June 2005. The appellant claims that he is the heir and successor of the Late Sri Bhagwant Yadav and that he is entitled to receive the retiral dues of the said Sri Bhagwant Yadav. A similar claim is raised by one Sharda Devi, the wife of the Late Sri Bhagwant Yadav. According to the appellant, his mother, wife of Late Sri Bhagwant Yadav had pre-deceased the said Sri Bhagwant Yadav. The claimant Sharda Devi is a total stranger. She cannot claim the retiral or terminal dues of the said Sri Bhagwant Yadav. In view of the aforesaid disputed facts, the Food Corporation of India has directed the appellant to produce succession certificate. The order of the Food Corporation of India is upheld by the learned single Judge. We see no error in the impugned order. No case for interference is made out. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)