Disposed¶31

Ram Sundar Prasad Mahto v. The State of Bihar

Constitution of India, Article 227 – Expeditious disposal

Patna HC9 May 2024C.Misc./311/2024

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What is this about?

C.Misc. No.311 of 2024, Patna High Court; Ram Sundar Prasad Mahto v. The State of Bihar and others; Article 227 supervision; time-bound direction (nine months) for completion of Partition Suit No. 97/1997 before Sub-Judge-V, Samastipur; no notice to private respondents; parties to avoid unnecessary adjournments; Arun Kumar Jha, J; decided 09-05-2024.

What did the court decide?

Petition disposed of with directions to the learned Sub-Judge-V, Samastipur to expedite Partition Suit No. 97/1997 and conclude it on its merits and in accordance with law, preferably within nine months from receipt/production of a copy of the order, without unnecessary adjournments; parties directed to cooperate for early disposal. ¶31

Ram Sundar Prasad Mahto Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.311 of 2024

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Ram Sundar Prasad Mahto, Son of Late Akshar Prasad Mahto, permanent resident of Village - Mohamadpur Koari, P.S. - Tajpur, District - Samastipur, Pin - 848131.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The District Magistrate, Samastipur.

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Ram Chandra Prasad Mahto, Son of Late Akshay Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Uma Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Hari Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Gauri Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Rajdeo Mahto, Son of Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Shiv Shankar Mahto, Son of Ram Parikshan Mahto Resident of VillageHarpur, Police Station- Pura, District- Samastipur.

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Uma Shankar Mahto, Son of Ram Parikshan Mahto Resident of VillageHarpur, Police Station- Pura, District- Samastipur.

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Veena Devi, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Sheela Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Pinki Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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Shashikala Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhay Kumar, Advocate Mr. Dhananjay Kumar, Advocate For the Respondent/s : Mr. Binod Kumar Sinha, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 09-05-2024

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Heard learned counsel for the petitioner and learned

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Patna High Court C.Misc. No.311 of 2024 dt.09-05-2024 2/3

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counsel for the State.

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The petitioner has filed the instant petition under Article 227 of the Constitution of India seeking direction to the learned Sub Judge-V, Samastipur to dispose of Partition Suit No. 97/1997 at the earliest.

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Since the only prayer of the petitioner is for expeditious disposal of Partition Suit No. 97/1997 pending before the learned trial court, I do not think there is any need to issue notice to the private respondents and the present matter could be disposed of straightaway as it is an old matter of the year 1997.

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Expeditious disposal of the civil suit is in the interest of parties and in general public as well and there could be no denial of this fact.

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Having considered the aforesaid facts and circumstances as well as submission made on behalf of the petitioner, the learned Sub-Judge-V, Samastipur is directed to expedite the proceeding of Partition Suit No. 97/1997 and try to conclude the same on its merits and in accordance with law preferably within a period of nine months from the date of receipt/production of a copy of this order, without adjourning the matter unnecessarily.

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Patna High Court C.Misc. No.311 of 2024 dt.09-05-2024 3/3

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