Dinesh Pandey v. The State of Bihar
Case brief
What is this about?
COURT OF JUDICATURE AT PATNA Civil Writ…
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.2061 of 2023
======================================================
Dinesh Pandey Son of Late Vasdev Pandey, Resident of Village- Jhilwania, P.S.- Kateya, District- Gopalganj.
... ... Petitioner/s Versus
Patna High Court CWJC No.2061 of 2023(2) dt.24-02-2023 2/4
Gaura, P.S.- Kateya, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey No.5, Advocate For the Respondent/s : Mr.Md. Khurshid Alam ( Aag 12 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 24-02-2023
The present writ petition has been filed seeking the
following reliefs:-
"a. For the quashing of the entire proceeding of T.S. No-151 of 2013 (Suresh Tiwari Vs The State of Bihar) pending in the court of the Learned Munsif, Gopalganj: including the order dated 21.06.2013 passed in T.S. No- 151 of 2013; by which the suit was admitted for the hearing. (Annx-T1 Page -59)
b. And further for the quashing of the entire proceeding of T.S. No. 166 of 2013 (Gulab Husain Vs The State of Bihar) pending in the court of the Learned Munsif, Gopalganj: including the order dated 04.07.2013 passed in T.S. No. 166 of 2013; by which the learned Munsif, Gopalganj has taken up the Injunction Petition for hearing without admitting the suit, formally. (Annx-
Patna High Court CWJC No.2061 of 2023(2) dt.24-02-2023 3/4
12 Page - 82-)
c. And further for the quashing of the entire proceeding of T.S. No. 169 of 2013 (Toofani Prasad Vs The State of Bihar) pending in the court of the Learned Munsif, Gopalganj including the order dated 06.07.2013 passed in T.S. No. 169 of 2013 by which the suit was admitted for hearing. (Annexure 13 Page-108 of this Writ Application).
d. And further it is prayed that the Hon'ble High Court may kindly be pleased to hear the present Writ Application; along with C.W.J.C. No 13721 of 2014 (Nabi Husain and others Vs The State of Bihar and others) and M.J.C. No-2307 of 2013 (Dinesh Pandey Vs The State of Bihar); which arises out of the same transaction of the matter and the same are pending in this Hon'ble High Court.
e. And further for a direction to the Respondent Block Authorities to remove the encroachment from the Plot No- 1161 which is a "Sairat land"/ village market land and details."
At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to raise all the issues raised in the present petition, before the learned Court below, in the pending suit.
Patna High Court CWJC No.2061 of 2023(2) dt.24-02-2023 4/4
Liberty so sought is granted.
The present writ petition stands dismissed as not
pressed.
(Mohit Kumar Shah, J)
kanchan/-
U
Dinesh Pandey
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court