Dismissed

Masihujma Khan v. The State Of Bihar and Ors.

Patna HC17 Dec 2015CWJC/21104/2013

Case brief

AI extract

What is this about?

The Court dismissed the writ petition as barred by res judicata, noting the petitioner had earlier sought identical relief, which was dismissed. It held that despite a Civil Court's injunction, the proper forum for enforcing compliance against State functionaries is the Civil Court, not this writ juris

What did the court decide?

The writ petition is dismissed on grounds of res judicata and non-maintainability; petitioner directed to approach the Civil Court.

Masihujma Khan Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.21104 of 2013

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		====================================================== Masihujma Khan S/O Late Badiujma Khan R/O Village Chainpur, Pathan Toli, P.S. Chainpur, District- Kaimur .... .... Petitioner/s Versus 1. The State of Bihar 2. The Secretary, Road Construction Department, Govt. of Bihar 3. The Chief Engineer Rural Engineering Organization, New Secretariat, Baily Road, Patna 4. The Collector Kaimur at Bhabhua 5. The Executive Engineer, Rural Engineering Organization, Kaimur, Bhabhua 6. The S.D.O., Rural Engineering, Organization, Kaimur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Respondent/s : Mr. Ajay Kumar Sharma, AC to PAAG ======================================================
		CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2	17-12-2015	Admittedly, for identical relief, the petitioner had moved this Court earlier in CWJC No. 10018 of 2007, which was dismissed as withdrawn with certain liberty by order dated 19.04.2012 passed by a Bench of this court (Coram: Dr.Ravi Ranjan,J.). Learned counsel appearing on behalf of the petitioner submits that, despite order of injunction passed by the Civil Court, the State of Bihar and its functionaries are not complying the order passed by the Civil Court. I am afraid, against such action, the writ petition is not maintainable. The petitioner must approach the Civil Court itself for an appropriate order. The present writ petition is apparently barred by the principles of res judicata in view of order contained in Annexure-3 and accordingly, this writ petition is dismissed.

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(Birendra Prasad Verma, J)

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Tahir/-

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Masihujma Khan v. The State Of Bihar and Ors.

Case brief

What is this about?

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Masihujma Khan v. The State Of Bihar and Ors.

Case brief

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