The court held a writ application infructuous after the Sub Divisional Magistrate passed an order, noting that such orders are appealable. Parties were advised to file an appeal.
The writ application was dismissed as infructuous. Parties directed to file an appeal against the respondent-Sub Divisional Magistrate's 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.16726 of 2013
====================================================== 1. Geeta Devi Daughter Of Amarnath Singh Resident Of Mohalla- Sarai Road, Police Station- Kotwali, District- Gaya 2. Neeta Kumari Daughter Of Sohan Lal Resident Of Mohalla- Sarai Road, Police Station- Kotwali, District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Gaya 3. The Senior Superintendent Of Police, Gaya 4. The Sub Divisional Magistrate, Sadar, Gaya 5. The Office-In-Charge, Kotwali Police Station, Gaya 6. Registrar, Trade Union, Gaya 7. Inspection Officer, (Nirikshi Padadhikari), Shop and Establishment, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. Dinbandhu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 14-07-2016 Heard Mr. Manish Kumar no.2 for the petitioners as well as AC to GP-9 for the State. A counter affidavit has been filed. Service of copy thereof on the counsel for the petitioners is not disputed. The writ application is filed to question the legality of the notice (Annexure-3) issued by the Sub Divisional Magistrate under Section 18 of the Immoral Traffic Act, 1956. Mr. Kumar, on going through the averments made in the counter affidavit has pointed out that during the pendency of the application, the
Patna High Court CWJC No.16726 of 2013 (4) dt.14-07-2016
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respondent -Sub Divisional Magistrate has passed the order. Any order passed by the respondent- SDM can be challenged in appeal. Seen thus, the writ application has become infructuous. Petitioners, if so advised, may assail the order passed by the respondent- Sub Divisional Magistrate in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/U
1 issue framed by the court
Whether the writ application challenging the notice issued under Section 18 of the Immoral Traffic Act has become infructuous due to the issuance of an appealable order.
1 provisions across 1 enactments
Geeta Devi
Neeta Kumari
The State Of Bihar
The District Magistrate, Gaya
The Senior Superintendent Of Police, Gaya
The Sub Divisional Magistrate, Sadar, Gaya
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
