Disposed

M/S Badrilal Raghunath Pd.andORS v. the State of Bihar and Ors.

Patna HC7 Aug 2012CWJC/7353/2002

Case brief

AI extract

What is this about?

In this civil writ jurisdiction matter concerning enhancement of rent by a Market Committee, the court declined to adjudicate independently, holding that a subsequent Division Bench judgment of the Patna High Court applying a different ratio is governing. The application was disposed of by reiterating the applicability of the earlier division bench decision.

What did the court decide?

None; the application was disposed of by ordering the application of the law laid down in the subsequent Division Bench judgment (L.P.A. Nos. 635/2002 & 691/2002).

M/S Badrilal Raghunath Pd.andORS Vs the State of Bihar and… — Landlord and Tenant | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7353 of 2002

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====================================================== M/S Badrilal Raghunath Pd.&Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Tiwari For the Respondent/s : Mr. (Gp1) Mr. K.P.Yadav Mr. Suresh Kumar Mr. Avinash Kumar Mr. Amal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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7 07-08-2012 Learned counsel for the petitioners submits that against the identical cause of action, namely, enhancement of rent, by the Market Committee exorbitantly and arbitrarily, two writ applications were filed, namely, C.W.J.C. No. 4205 of 2002 and the present application. He submits that while this writ application remained pending, the said C.W.J.C. No. 4205 of 2002 was disposed of by the learned single Judge against which parties moved in appeal and a Division Bench of this Court by judgment dated 15.9.2008 passed in L.P.A. No. 635 of 2002 and L.P.A. No. 691 of 2002 set aside the judgment and order of the learned single Judge, and disposed of the writ application with enunciation of law. He submits that same ratio may be applied in this case also.

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Learned counsel for the respondents submits that

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Patna High Court CWJC No.7353 of 2002 (7) dt.07-08-2012

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another Division Bench of the Jharkhand High Court in L.P.A. Nos. 590/2001, 797/2001, 779/2001 and 6/2002 took a different view vide judgment at Annexure-B to the counter affidavit.

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This Court finds that the said judgment of the Division Bench, as contained in Annexure-B, was considered by the subsequent Division Bench in its said judgment dated 15.9.2008. In the circumstances, this Court finds that the subsequent Division Bench judgment shall be applicable in the case of the petitioners. This writ application is accordingly disposed of with observation that the law laid down by the Division Bench in L.P.A. No.635 of 2002 and L.P.A. No.691 of 2002 shall be applicable in the case of the petitioners also.

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(Jayanandan Singh, J)

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sudip/-

M/S Badrilal Raghunath Pd.andORS v. the State of Bihar and Ors.

Case brief

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M/S Badrilal Raghunath Pd.andORS v. the State of Bihar and Ors.

Case brief

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