Disposed¶24

Ajay Kumar @ Ajay Kumar Sinha v. The State of Bihar

Patna HC2 Sept 2024C.Misc./867/2024

Case brief

AI extract

What is this about?

Keywords: injunction application delay; vacant trial court; newly appointed Presiding Officer on leave; transfer to running court; District Judge Begusarai; Title Suit No. 11 of 2018; Misc. Case No. 32 of 2024; CWJC No.8313 of 2024; status quo interim relief; encroachment removal; Patna High Court civil miscellaneous jurisdiction; disposal of miscellaneous case.

What did the court decide?

Directions for early disposal of the pending injunction petition in Title Suit No. 11 of 2018 (with transfer to a running court via the District Judge if the Presiding Officer is on long leave, and disposal of pending Misc. Case No.32/2024 by the District Judge), together with maintenance of status quo on the petitioner's land/house for four weeks. ¶24

Ajay Kumar @ Ajay Kumar Sinha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should be issued for disposal of the petitioner's injunction application filed in Title Suit No. 11 of 2018, pending before the trial court at Begusarai. +1 more

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Court's answer

Status quo, as existing on the date of this order, on the land/house of the petitioner is directed to be maintained for a period of four weeks.

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Ratio / Principle

If the court of the learned Munsif is available, the learned Presiding Officer is directed to take up the petitioner's injunction petition and dispose of it at the earliest.

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Key takeaways

If the learned Presiding Officer has left for long leave, the learned District Judge, Begusarai is directed to transfer the matter to some running court.ratio¶22
The petitioner may make submission before the learned District Judge in the pending Misc. Case No.32/2024, and the learned District Judge is directed to dispose of that miscellaneous case immediately.ratio¶22

Detailed headnote1 paragraphs

Patna High Court, C.Misc. No.867 of 2024 (oral judgment dated 02-09-2024, Arun Kumar Jha, J) disposed the petition of Ajay Kumar @ Ajay Kumar Sinha seeking steps for disposal of his injunction application in Title Suit No. 11 of 2018 at Begusarai, which remained pending for want of a functioning court. Directions issued: if the Munsif's office is available, the Presiding Officer is to take up and dispose of the injunction petition at the earliest; if the Presiding Officer is on long leave, the District Judge, Begusarai is to transfer the matter to a running court, and the petitioner may press his pending Misc. Case No. 32 of 2024, which the District Judge is directed to dispose of immediately on receipt/production of a copy of the order. Status quo as existing on the petitioner's land/house (against which the State respondents have sought removal of so-called encroachment) is maintained for four weeks. Reference made to the petitioner's earlier writ CWJC No.8313 of 2024, in which status quo was granted vide order dated 04.07.2024 for four weeks.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.867 of 2024

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======================================================

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Ajay Kumar @ Ajay Kumar Sinha, Son of Bindeshwari Prasad Verma @ Bindeswari Prasad Resident of Mohalla- Mungeriganj, P.S.- Sadar, DistrictBuxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Collector, Begusarai.

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The Civil S.D.O. Begusarai.

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The Circle Officer, Begusarai.

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Mukesh Kumar, son of Sagar Lal, Resident of Mokimpur, Begusarai, Popularly known as Mungeriganj, P.O and P.S. and District- Begusarai.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. J.S. Arora, Sr. Advocate Mr.Manoj Kumar, Advocate For the Respondent/s : Mr. Prashant Kumar, AC to SC-5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 02-09-2024

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The record has been taken up on mentioning being made on behalf of the petitioner.

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Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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The learned senior counsel appearing on behalf of the petitioner submits that the instant petition has been filed seeking direction to the learned District Judge, Begusarai for taking steps for disposal of the injunction petition filed by the petitioner in Title Suit No. 11 of 2018, which has not been disposed of by the learned trial court till date as the court has

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Patna High Court C.Misc. No.867 of 2024 dt.02-09-2024 2/3

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been vacant. The learned senior counsel further submits that for transfer of Title Suit No.11 of 2018, a Misc. Case No. 32 of 2024 has also been filed before the learned District Judge, Begusarai, which is also pending. The learned senior counsel further submits that meanwhile, a few days back, the learned Presiding Officer joined, but soon thereafter, she went on leave and, for this reason, the injunction petition filed by the petitioner is still pending.

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The learned senior counsel further submits that earlier the petitioner approached this Court by filing CWJC No.8313 of 2024 and vide order dated 04.07.2024, status quo was granted on the land/house of the petitioner in question for a period of four weeks so that the petitioner could take appropriate steps for interim protection/relief from the learned trial court in Title Suit No. 11 of 2018 since the respondent State has directed the petitioner for removal of so-called encroachment over the land in question.

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Having considered the aforesaid facts and circumstances as well as submission made on behalf of the petitioner, if the court of learned Munsif is available, in that event, the learned Presiding Officer is directed to take up the injunction petition and dispose of the same at the earliest. If the

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Patna High Court C.Misc. No.867 of 2024 dt.02-09-2024 3/3

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learned Presiding Officer has left for long leave, in that event, the learned District Judge, Begusarai is directed to transfer the matter to some running court and the petitioner may make submission before the learned District Judge in the pending Misc. Case No.32/2024, who is directed to dispose of the miscellaneous case immediately upon receipt/production of a copy of this order.

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This Court directs that status quo, as existing today, on the land/house of the petitioner, in question, will be maintained for a period of four weeks from today.

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With the aforesaid observations/directions, the instant petition is disposed of.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	03.09.2024
Transmission Date	NA

Ajay Kumar @ Ajay Kumar Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar @ Ajay Kumar Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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