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Bigan v. The Estate of Nagina Yadav

Patna HC16 May 2024C.Misc./1248/2023

Case brief

AI extract

What is this about?

Article 227 Constitution of India petition; direction to Head Clerk, Nazarat, Civil Court, Patna; compliance of orders of Additional District Judge 1st, Danapur; Letters of Administration; furnishing of requisites; Title Suit No. 20 of 2006; L.A. Case No. 51 of 2003; judgment dated 13.01.2020; treasury challan torn; treasury voucher challan number unascertainable; deposits Rs.203.50 and Rs. 1729.80; Misc. Case No. 71 of 2021; District Judge, Patna; administrative laches; petition not maintainable; disposed of with directions.

What did the court decide?

Directions to the learned District Judge, Patna to look into the matter and pass appropriate order in Misc. Case No. 71 of 2021, and to ensure that the petitioner does not face any further hardship on account of any administrative laches; with these directions the petition stands disposed of.

Bigan Vs The Estate of Nagina Yadav — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the present petition under Article 227 of the Constitution of India, seeking direction to the Head Clerk, Nazarat, Civil Court, Patna to comply with the orders of the learned Additional District Judge 1st, Danapur, is maintainable. +1 more

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Court's answer

From bare perusal, the present petition is not maintainable.

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Ratio / Principle

Considering the plight of the petitioner, the learned District Judge, Patna is directed to look into the matter and pass appropriate order in Misc. Case No. 71 of 2021.

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Key takeaways

The learned District Judge, Patna is further directed to ensure that the petitioner does not face any further hardship on account of any administrative laches.ratio¶15

Detailed headnote1 paragraphs

Patna High Court, C.Misc. No.1248 of 2023 (Arun Kumar Jha, J.), decided 16-05-2024: Petition under Article 227 of the Constitution of India by Bigan seeking a direction to the Head Clerk, Nazarat, Civil Court, Patna to comply with the orders of the learned Additional District Judge 1st, Danapur, pursuant to the judgment dated 13.01.2020 in Title Suit No. 20 of 2006 (arising out of L.A. Case No. 51 of 2003), by which the petitioner was granted Letters of Administration over the property covered under the Will of the petitioner's mother and directed to furnish requisites. Compliance failed because the treasury voucher challan (deposits of Rs.203.50 and Rs. 1729.80) was torn and its number could not be ascertained; Misc. Case No. 71 of 2021 filed before the District Judge, Patna had produced no effective orders. HELD: the petition is not maintainable; however, considering the petitioner's plight, the learned District Judge, Patna was directed to look into the matter, pass appropriate order in Misc. Case No. 71 of 2021, and ensure that the petitioner faces no further hardship on account of any administrative laches. Petition disposed of with the aforesaid directions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1248 of 2023

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Bigan Son of Jai Murti Devi and Ram Vyas Yadav, resident of Village - Rampur Nagwan, P.S. Paliganj, District - Patna.

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... ... Petitioner/s

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Versus

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The Estate of Nagina Yadav Village Rampur Nagwan, P.S. Paliganj, District Patna

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Ashwani Kumar, Head Clerk of Account Office, Civil Court, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Indu Bhushan Prasad,Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 16-05-2024 Heard learned counsel for the petitioner.

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The instant petition has been filed under Article 227 of the Constitution of India seeking direction to the Head Clerk, Nazarat, Civil Court, Patna to comply the orders of learned Additional District Judge 1^st , Danapur.

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Learned counsel for the petitioner submits that the petitioner deposited an amount of Rs.203.50 and Rs. 1729.80 through two treasury challans in the court of learned

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Patna High Court C.Misc. No.1248 of 2023(3) dt.16-05-2024 2/3

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Additional District Judge 1^st , Danapur. Learned counsel further submits that in Title Suit No. 20 of 2006, arising out of L.A. Case No. 51 of 2003, judgment has been passed on 13.01.2020. The petitioner was granted Letters of Administration for the property covered under the Will of the mother of the petitioner and the directed to furnish requisites. The Head Clerk of Nazarat, Civil Court, Patna did not comply the order of learned Additional District Judge 1^st , Danapur as the treasury voucher challan was torn so the treasury voucher challan number could not be ascertained and for this reason, the requisites were not furnished. Learned counsel further submits that the petitioner approached to the Court concerned but nothing was done and thereafter, the petitioner filed Misc. Case No. 71 of 2021 before the District Judge, Patna but no effective orders have been passed.

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From bare perusal, the present petition is not maintainable. However, considering the plight of the petitioner, learned District Judge, Patna is directed to look into the matter and pass appropriate order in Misc. Case No. 71 of 2021. The learned District Judge, Patna is further directed to ensure that the petitioner does not face any further hardship on account of any administrative laches.

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Patna High Court C.Misc. No.1248 of 2023(3) dt.16-05-2024 3/3

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