Petitioners seeking extension of municipal shop settlements dismissed. Court held petitioners have no independent right after prior litigation failure and warned against overstaying invitation despite livelihood claims.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19545 of 2011
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.... .... Petitioner/s Versus 1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh For the Respondent/s : Mr. Ravi Verma, AC to GP12
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
8 18-06-2013 Certain litigations must come to rest. The luxury of dragging it beyond a point of time cannot be allowed. The litigants have no legal right in the very first place against the action has been conceded by the counsel for the petitioners to some extent and fairly so.
Patna High Court CWJC No.19545 of 2011 (8) dt.18-06-2013
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1994 these petitioners though are willing but have not paid the rightful dues of the Municipality and they came to litigate, looking for a direction from this Court in their favour for settlement of those shops for further period. It is the length of time, coupled with the so-called right of livelihood, which has compelled them to approach the Court, hoping for some indulgence here and there.
Patna High Court CWJC No.19545 of 2011 (8) dt.18-06-2013
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Court earlier and failed to beget any relief, the Court comes to a considered opinion that they have no right independent of the earlier adjudication. They cannot overstay the invitation beyond a point of time.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
2 issues framed by the court
Whether petitioners have any independent right to pursue settlement of shops after earlier litigation failed.
Whether petitioners are entitled to overstay the municipal invitation for shop settlements beyond a point of time.
Vijay Chaudhary
Md. Jinnath
Md. Khalid
The State of Bihar
The Collector, Samastipur
The S.D.O., Samastipur
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
