The High Court granted liberty to the surviving legal heirs of the original deceased petitioner to file a fresh civil writ petition challenging the E.C. Act provisions and disposed of the present writ application.
Liberty to surviving legal heirs to file a fresh petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7910 of 2018
In
Criminal Writ Jurisdiction Case No.2868 of 2017
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Chandeshwar Sao S/o Late Bihari Sao Resident of Bibiganj, Lal Kothi, P.S. Danapur, District - Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr.Arvind Ujjwal SC-4
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-07-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.7910 of 2018 dt.12-07-2022 2/2
On 16.02.2018 this Court had passed the following
order:-
“Learned counsel for the petitioner seeks permission to convert this writ application in a Civil Writ in order to challenge the vires of the provisions of E.C. Act whereunder an executive such as Collector has been conferred with the power to confiscate the properties seized. He is permitted to do so.
Office to report accordingly.”
Learned counsel for the petitioner submits that the original writ petitioner has since expired and the petition be disposed of reserving liberty to the surviving legal heirs to file a fresh petition, in its proper form, on the same and subsequent cause of action.
Liberty as prayed for is granted.
Petition stands disposed of with the liberty aforesaid. Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR CAV DATE Uploading Date Transmission Date
2 issues framed by the court
Whether the writ application should be disposed of considering the original applicant's death pending the filing of a fresh petition by legal heirs.
Whether the petitioner's permission to convert the writ application to a civil writ to challenge the E.C. Act provisions should continue.
1 provisions across 1 enactments
Chandeshwar Sao
The State Of Bihar
The Chief Justice
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
