The High Court disposed of a writ petition seeking a rent fixation order because the underlying judgment in the title suit was pending setting aside in a miscellaneous case, rendering the matter sub-judice.
The writ petition stands disposed of without passing any positive order.
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. 22199 of 2012
================================================== Abdul Rashid Mukeri Son Of Abdul Gaffar Mukeri Resident Of Village - Daniya Toli Lane, Barari, P.O. & P.S. - Barari, District - Bhagalpur .... .... Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Bhagalpur 3. Land Reforms Deputy Collector, Sadar, Bhagalpur 4. Circle Officer/Anchaladhikari, Sabour Circle, District - Bhagalpur .... .... Respondents ================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Nath Jha For the Respondent/s : Mr. A.Ujjwal SC-25 ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
7. 23-04-2013 Heard learned counsel for the petitioner and Smt. Vandana Singh, learned A.C. to Standing Counsel No. 25, who appears on behalf of Respondents-State.
In the present writ petition, the petitioner has prayed for directing the respondents, particularly; respondent no. 4/Circle Officer, Sabour Circle, Bhagalpur to fix rent and issue rent receipt in his favour on the basis of judgment and decree passed in Title Suit No. 318 of 2007.
In this case, a counter affidavit as well as supplementary counter affidavit has been filed on behalf of
Patna High Court CWJC No.22199 of 2012 (7) dt.23-04-2013
2 / 2
Respondents-State and a plea has been taken that a miscellaneous case, vide Misc. Case No. 53 of 2012 has been filed for setting aside the ex-parte judgment & decree and same is pending in the court of Sub-Judge 7th , Bhagalpur.
In view of the fact that matter is sub-judice before the competent court, the Court is of the opinion that at the moment, there is no requirement for passing any positive order, however; result of the competent court will have a finding affect on the party.
The writ petition stands disposed of.
(Rakesh Kumar, J.)
Anay
1 issue framed by the court
Whether the writ petition should be disposed of when a matter is sub-judice in a related civil suit.
Abdul Rashid Mukeri
The State of Bihar
District Magistrate, Bhagalpur
Land Reforms Deputy Collector, Sadar, Bhagalpur
Circle Officer/Anchaladhikari, Sabour Circle, Bhagalpur
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
