In a writ petition by Dwarika Prasad against the State of Bihar, the single-judge bench dismissed the writ, directing the petitioner to pursue a civil suit as serious disputed questions of fact required adjudication in a proper suit.
Petitioner directed to pursue the matter before a civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4182 of 2008 ====================================================== |
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| Dwarika Prasad, son of Bideshi Mistri, resident of Mohalla–Post Mortem Road, P O and District - Nawada .... .... Petitioner/s Versus The State of Bihar & others .... .... Respondent/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Gopal Bohra Mr. Sunil Kumar Sharma Mr. Girish Raj |
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| For the Respondent/s : Mr. (SC3) Mr. Mahendra Prasad Gupta Mr. Brajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER |
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| 8 | 11-10-2012 Heard counsel for the parties. |
| Looking at the nature of the dispute writ is dismissed. | |
| Let the petitioner pursue the matter before a civil court as there are serious disputed questions which arise from the material and affidavit on record, which can be best decided in a proper suit. |
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
2 issues framed by the court
Whether the writ petition should be dismissed in favour of a civil suit due to disputed questions of fact.
Whether serious questions arising from the material necessitate adjudication in a proper suit rather than writ jurisdiction.
Dwarika Prasad
The State of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
