Single judge dismissed writ application holding disputed questions of facts exist. Court ruled earlier observations apply, permitting petitioners to file a civil suit instead of adjudicating the writ.
Petitioners granted liberty to file appropriate civil suit.
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Patna High Court CWJC No.13918 of 2007 (3) dt.09-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13918 of 2007
====================================================== 1. Sri Kamta Sakhi Math And Mahabir Asthan, at Mahabir Asthan, Main Road, East Gandhi Maidan, Patna through its Mahanth Awadh Prasad Verma @ Mahanth Awadh Bihari Verma. 2. Mahanth Awadh Prasad Verma @ Mahanth Awadh Bihari Verma son of late Baba Abinashi Sakhi, resident of Mahabir Asthan, Main Road, East Gandhi Maidan, P.S. Gandhi Maidan, District Patna through Power of Attorney Holder, Ravi Prakash Verma son of Sri Mahanth Awadh Prasad Verma @ Mahanth Awadh Bihari Verma. .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S. S. Dwivedi, Sr. Advocate. Mr. Ravi Shanker Dwivedi Mr. Shailendra Kr.Dwivedi Mr. Ranjan Kr.Dubey Mr. Lakshman Lal Pandey For the Respondent/s : Mr. (Gp6) Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 3 09-10-2012 There are series of writ applications which have been filed earlier as well which came to be dismissed and upheld right till Division Bench on the ground that there are disputed question of facts which this Court may not answer. Petitioners were permitted to file a civil suit. Present case being no different, the earlier observation in this regard also applies to the present case. This writ application is dismissed with liberty to the petitioners to file appropriate suit, if they are so advised.
Amin/-
(Ajay Kumar Tripathi, J)
Patna High Court CWJC No.13918 of 2007 (3) dt.09-10-2012
1 issue framed by the court
Whether disputed questions of facts preclude the determination of this writ application.
Sri Kamta Sakhi Math And Mahabir Asthan & Others
The State Of Bihar & Ors
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
