The Patna High Court dismissed a writ petition challenging an interim order dated 05.06.2012. The court held the petition non-maintainable as the petitioner failed to challenge the original order from 2008, despite knowing the chain of events since 2008.
The writ petition was rejected as non-maintainable.
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.
Patna High Court CWJC No.20697 of 2012 (04) dt.16-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20697 of 2012
====================================================== 1. SRIMATI ASHA DEVI W/O SRI ASHOK SINGH @ ASHOK KUMAR R/O VILL.ITWA, NEW COLONY, P.O.- DUMARI, PERGANA- MALKI, P.S.-BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI
.... .... PETITIONER/S VERSUS 1. SRIMATI SARITA DEVI W/O SRI SUNIL KUMAR R/O VILL.- ITWA, NEW COLONY P.O.- DUMARI, PERGANA- MALKI, P.S.- BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI 2. SRI SUNIL KUMAR S/O RAM SAGAR SHARMA @ RAM SAGAR KUMAR R/O VILL.- ITWA, NEW COLONY, P.O.- DUMARI, PERGANA- MALKI, P.S.BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI 3. SUDHO KUNWAR @ RADHO KUNWAR S/O LATE RAGHO KUNWAR R/O VILL.- ITWA, NEW COLONY, P.O.- DUMARI, PERGANA- MALKI, P.S.BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI 4. RAMBAHADUR RAI S/O LATE LAL BHOGI RAI R/O VILLAGE- PIPARA, P.O.DUMARI, PERGANA- MALKI, P.S.- BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI 5. MANJU DEVI W/O CHANDAN SINGH R/O VILLAGE- BHAIRWAR, PARGANABALLIA, P.S.- BEGUSARAI MUFFASIL AND DISTRICT- BEGUSARAI 6. SRI ASHOK SINGH @ ASHOK KUMAR S/O BRIJ NANDAN PRASAD R/O VILL.ITWA, NEW COLONY, P.O.- DUMARI, PERGANA- MALKI, P.S.- BEGUSARAI MUFFASIL, DISTT.- BEGUSARAI
.... .... RESPONDENT/S
====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey-Advocate For the Respondent/s : Mr. Shashi Dhar Jha-Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
04 16-05-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
Gone through the order impugned.
Had there been the original order dated 20.03.2008 to be under challenge at the end of the petitioner/ plaintiff then the matter would have been different. But, the present order happens to be order dated 05.06.2012, which has been passed on the prayer on behalf of petitioner/ plaintiff to recall the order dated 19.12.2011, which has been passed to recall the order dated
Patna High Court CWJC No.20697 of 2012 (04) dt.16-05-2016
20.03.2008.
That being so, instant petition is found non-
maintainable and is accordingly, rejected.
(Aditya Kumar Trivedi, J)
Vikash/-
U
2 issues framed by the court
Whether a writ petition challenging an order passed in 2012 is maintainable when the petitioner failed to challenge the original 2008 order and the current order merely recalls the 2011 order.
Whether the present writ petition is maintainable given the delay and the nature of the impugned order.
Srimati Asha Devi w/o Sri Ashok Singh
Srimati Sarita Devi w/o Sri Sunil Kumar
Sri Sunil Kumar s/o Ram Sagar Sharma
Sudho Kunwar
Rambahadur Rai
Manju Devi w/o Chandan Singh
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
