The Court held that the writ petition had already stood dismissed due to automatic operation of a prior peremptory order dated 18.10.2001 directing substitution of legal heirs within three weeks, despite an incorrect listing due to office miscues.
Writ petition deemed dismissed automatically for non-compliance with order dated 18.10.2001.
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| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.802 of 1999 ====================================================== |
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Md.Tanquir Alam .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Amit Prakash Mr. Md.Faiz Ahmad |
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| For the Respondent/s : ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER |
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| 11 1 |
6-07-2015 By the order dated 18.10.2001 learned counsel for the |
| petitioner was allowed three weeks time to substitute the legal | |
| heirs in respect of the respondent no. 7(a). It was clear cut direction of this court that failure to comply the order will amount |
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| to dismissal of the writ petition. Since the order dated 18.10.2001 | |
| was not complied, automatically, the writ petition stood | |
| dismissed. However, it appears that due to incorrect noting by the | |
| Office the matter was listed earlier. The court is of the opinion | |
| that in view of non compliance of peremptory order dated | |
| 18.10.2001 the writ petition already stood dismissed. | |
| (Rakesh Kumar, J) | |
| Praful/- U |
2 issues framed by the court
Whether the writ petition can be treated as properly listed despite non-compliance with a prior peremptory order to substitute legal heirs.
Whether automatic dismissal is warranted for failure to comply with the order dated 18.10.2001.
Md. Tanquir Alam
The State of Bihar & Ors
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
