A writ petition was dismissed as misconceived since the petitioner had earlier filed an identical petition (W.P.(C) No. 6035 of 2018) which was disposed of with a direction to the same Court to act without delay.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 149 of 2020
Janki Devi
Versus
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner : Mr. Arpan Mishra, Advocate For the Respondents : -----
Order No. 03 Dated: 03.06.2020
The present writ petition has been taken up today through Audio/Video conferencing.
The present writ petition has been filed for issuance of direction for disposing of Misc. Case No. 12/2015, arising out of Execution Case No. 22/2013, pending in the court of Civil Judge, (Senior Division)-II, Jamshedpur.
2. Heard the learned counsel for the petitioner and perused the content of the writ petition. It appears that the petitioner with a similar prayer had earlier filed a writ petition before this Court being W.P.(C) No. 6035 of 2018, which was disposed of vide order dated 10.01.2019 with following observation:
“This writ petition has been filed for issuance of direction to dispose of the Misc. Case No. 12 of 2015 (arising out of Execution Case No. 22 of 2013), which is pending before the Court of Civil Judge (Senior Division)-II, Jamshedpur.
The learned counsel for the petitioner has submitted that the aforesaid miscellaneous case has
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been filed for stay the order of the proceeding, but till date the same is lying pending before the said Court.
Without entering into the merit of the case, this writ petition is disposed of with a direction to the Civil Judge (Senior Division)-II, Jamshedpur, to dispose of the Misc. Case No. 12 of 2015 (arising out of Execution Case No. 22 of 2013) without any unnecessary delay.
This writ petition is accordingly, disposed of.”
3. Considering the fact that there is already an order passed by this Court on the similar prayer made by the petitioner in the earlier writ petition, I am not inclined to entertain the present writ petition. The writ petition being misconceived is accordingly dismissed.
Manish
2 issues framed by the court
Whether to allow a fresh writ petition for direction to dispose of a pending miscellaneous case when a similar petition was disposed on identical grounds.
Whether the present petition is maintainable in light of prior observation by this Court on similar prayer.
Janki Devi
Anil Singh
Smt. Laxmi Devi
Sambhu Singh
Rajbalabh Singh
Smt. Mahayati Devi
Rajesh Shankar
As recorded by the court registry
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