Dismissed

Smt. Jaya Singh and Ors. v. The State Of Bihar and Ors.

Patna HC12 Sept 2013CWJC/8464/2013

Case brief

AI extract

What is this about?

The Patna High Court, at the pre-notice stage, directed the Sub-Judge at Buxar to dispose of Misc. Case No. 11/2010 expeditiously without granting adjournments without cogent reasons and predicted dismissal of the direction if the court below fails to comply, allowing the petitioner liberty to approach the court again.

What did the court decide?

Application dismissed; liberty to approach the Court again if the lower court fails to proceed expeditiously.

Smt. Jaya Singh and Ors. Vs The State Of Bihar… — Civil Procedure and Limitation | Patna HC (2013)

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Patna High Court CWJC No.8464 of 2013 (3) dt.12-09-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8464 of 2013

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====================================================== 1. Smt. Jaya Singh W/O Sri Ramanand Singh R/O 6b/9 Tilak Marg, North Sri Krishnapuri, P.S. Shri Krishnapuri, Distt.- Patna, Holder Of General Power Of Attorney Of Sri Upendra Kumar, S/O Late Jagdish Kumar Vide General Power Of Attorney Dated 23.2.2007

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M/S Jaya Homes Private Ltd., A Company Incorporated Under The Indian Companies Act 1956 Having Its Registered Office At 6b/9 Tilak Marg, North Sri Krishnapuri, Patna - 800013, Through Its Directors 3. Sri Prasant Kumar S/O Sri Ramanand Singh R/O 6b/9 Tilak Marg, North Sri Krishnapuri, Patna- 800013 4. Sri Akshay Kumar S/O Sri Ramanand Singh R/O 6b/9 Tilak Marg, North Sri Krishnapuri, Patna- 800013 .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sri Hirday Narain Kumar S/O Late Mukteshwar Kumar R/O Buxar, Ward No. 6, P.S.- Buxer, District- Buxer 3. Sri Prakash Kumar S/O Late Mukteshwar Kumar R/O Buxar, Ward No. 6, P.S.- Buxer, District- Buxer 4. Sri Shailesh Kumar S/O Late Mukteshwar Kumar R/O Buxar, Ward No. 6, P.S.- Buxer, District- Buxer 5. Most. Geeta Devi W/O Late Kameshwar Kuar R/O Block No. 17, House No. 137, Rajendra Nagar, Patna

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Sri Atul Kumar S/O Late Kameshwar Kumar R/O Block No. 17, House No. 137, Rajendra Nagar, Patna 7. Sri Pratap Kumar S/O Late Kameshwar Kumar R/O Block No. 17, House No. 137, Rajendra Nagar, Patna

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Sri Nagendra Kumar S/O Late Makteshwar Kumar

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Ahinsak Kumar S/O Sri Nageshwar Kumar R/O Infront Of Dharikshan Kuari Dharmshala, Buxar 10. Jayant Kumar S/O Sri Nageshwar Kumar R/O Infront Of Dharikshan Kuari Dharmshala, Buxar 11. Sri Upendra Kumar S/O Late Jagdish Kumar R/O Moh.- Srikrishnapuri Boring Road, At Present E-5, Kasmir House, Rajaji Marg, New Delhi -11 12. Most. Nagina Devi W/O Late Jagdish Kumar R/O Moh.- Srikrishnapuri Boring Road, At Present E-5, Kasmir House, Rajaji Marg, New Delhi -11 13. Sri Jugal Kumar S/O Upendra Kumar R/O Moh.- Srikrishnapuri Boring Road, At Present E-5, Kasmir House, Rajaji Marg, New Delhi -11

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Basu Priya Minor Son Of Upendra Kumar, U/G Of Upendra Kumar, Father And Well Wishers R/O Moh.- Srikrishnapuri Boring Road, At Present E-5, Kasmir House, Rajaji Marg, New Delhi -11

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Smt. Hari Priya W/O Sri Upendra Kumar R/O Mohalla- Srikrishnapuri, Boring Road, Patna, At Present E-5, Kashmir House Rajaji Marg, New Delhi - 110011

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Tiwary Mrs. Kumari Ragini For the State : Mr. Awansh Nandan Sinha G.P. XI Mr. Jay Prakash Sharma, A.C. to G.P. XI

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Patna High Court CWJC No.8464 of 2013 (3) dt.12-09-2013

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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3 12-09-2013

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This is an application under Article 227 of the Constitution

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of India seeking a direction to learned Sub-Judge-III, Buxar to hear and dispose of Misc. Case No. 11 of 2010 which is pending before him. I propose to dispose of the application at pre-notice stage itself.

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I have seen the certified copy of the ordersheet of Misc. Case No. 11/2010 which is Annexure-2 to the present application. and I find that learned Sub-Judge III, Buxar, has given long adjournments without any apparent reason. It is directed that the Court below shall proceed with case expeditiously and will not grant adjournment without any cogent reason. If any hindrance is created by anyone in course of such disposal, he shall proceed firmly in accordance with law.

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This application is accordingly dismissed.

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The petitioner shall have the liberty to approach this Court again, if in spite of this order, the Court below fails to proceed with the matter or if any hindrance is created by any person, in due disposal of the said Miscellaneous Case.

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(Chakradhari Sharan Singh, J.)

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Saif/-

Smt. Jaya Singh and Ors. v. The State Of Bihar and Ors.

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Smt. Jaya Singh and Ors. v. The State Of Bihar and Ors.

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