Disposed¶32

Dr. Swatantra Kumar Singh v. The State of Bihar

Patna HC9 Jan 2025C.Misc./23/2021

Case brief

AI extract

What is this about?

Patna High Court, C.Misc. No.23 of 2021, decided 09-01-2025 (Arun Kumar Jha, J.) — expeditious disposal of civil suit; direction to Sub Judge-IV, Saharsa to conclude Title Suit No. 287 of 2014, pending ten years, preferably within one year, on merits and in accordance with law; parties directed to cooperate without unnecessary adjournments; other reliefs not pressed; petition disposed of.

What did the court decide?

Direction to the learned Sub Judge-IV, Saharsa to expedite Title Suit No. 287 of 2014 and conclude it on its merits and in accordance with law, preferably within one year from receipt/production of a copy of the order, without unnecessary adjournments; parties directed to cooperate for early disposal without seeking unnecessary adjournments. ¶32

Dr. Swatantra Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the learned Sub Judge-IV, Saharsa to expedite and dispose of Title Suit No. 287 of 2014, pending for the last ten years, within a stipulated time limit.

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Court's answer

Directed the learned Sub Judge-IV, Saharsa to expedite the proceeding of Title Suit No. 287 of 2014 and conclude it on its merits and in accordance with law, preferably within a period of one year from the date of receipt/production of a copy of the order, without adjourning the matter unnecessarily.

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Ratio / Principle

Directed the parties to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

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Key takeaways

Since the petitioner had limited his prayer to expeditious disposal of the suit, no useful purpose would be served in keeping the matter pending, the petition being of the year 2021.obiter¶26
Expeditious disposal of the civil suit is in the interest of the parties and the general public.obiter¶27

Detailed headnote1 paragraphs

C.Misc. No. 23 of 2021 (Patna High Court, Arun Kumar Jha, J., decided 09-01-2025): The petitioner, Dr. Swatantra Kumar Singh, confined his prayer to a direction for expeditious disposal of Title Suit No. 287 of 2014, pending before the learned Sub Judge-IV, Saharsa for the last ten years, and expressly did not press his other reliefs. Observing that expeditious disposal of a civil suit is in the interest of the parties and the general public, and that no useful purpose would be served in keeping the 2021 petition pending, the Court directed the Sub Judge-IV, Saharsa to expedite the proceeding and conclude the suit on its merits and in accordance with law, preferably within one year from receipt/production of a copy of the order, without unnecessary adjournments, and directed the parties to cooperate without seeking unnecessary adjournments. Petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.23 of 2021

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

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Dr. Swatantra Kumar Singh, S/o Late Dashrath Pd. Singh, Resident of Mohalla- Radha Krishna Nagar, Ward No.- 8/12, P.S.- Saharsa, DistrictSaharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The District Magistrate, Saharsa.

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The Sub- Divisional Officer-cum- Sub- Divisional Magistrate, Saharsa.

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The Circle Officer, Kahara, Saharsa.

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The Officer-in- Charge, Saharsa P.S., Saharsa.

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Smt. Premlata Devi W/o Sri Lal Prasad Singh Resident of Village- Nado, P.S.- Sour Bazar, District- Saharsa At Present Resident of Mohalla- Radha Bazar, District- Saharsa At Present Resident of Mohalla- Radha Krishna Nagar, Ward No.- 08/12, Simraha, P.S.- Saharsa, District- Saharsa.

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7.1. Mithilesh Kumar Singh S/o Dev Ballabh Singh, Resident of Village - Nado, P.S. Sour Bazar, District Saharsa, at present Resident of Mohalla - Radha Krishna Nagar, Ward No. - 08/12, P.S. Saharsa, District Saharsa.

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7.2. Naresh Kumar Singh S/o Dev Ballabh Singh, Resident of Village - Nado, P.S. Sour Bazar, District Saharsa, at present Resident of Mohalla - Radha Krishna Nagar, Ward No. - 08/12, P.S. Saharsa, District Saharsa.

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7.3. Rana Ramesh Kumar Singh S/o Dev Ballabh Singh, Resident of Village - Nado, P.S. Sour Bazar, District Saharsa, at present Resident of Mohalla - Radha Krishna Nagar, Ward No. - 08/12, P.S. Saharsa, District Saharsa.

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Sri Jitendra Narayan Singh S/o Late Bhogendra Prasad Singh Resident of Village- Mahua, P.S.- Ghailadh, District- Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Madhu Prasun, Advocate Mrs. Renu Kumari, Advocate For the State : Mr. Binay Kumar, AC to SC-10 For Respondents 6 & 8 : Mr. Binoy Kumar Sinha, Advocate For Respondents 7(i) to 7 (iii) : Dr. Ashish Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 09-01-2025

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Today, the matter has been listed under the heading “For Orders (On Office Notes)”. However, on the prayer of the

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Patna High Court C.Misc. No.23 of 2021 dt.09-01-2025 2/3

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parties, the matter is taken up for its disposal.

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Dr. Ashish Kumar Sinha, learned counsel appears

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and submits that he would be filing vakalatnama on behalf of respondent nos.7 (I) to 7 (iii) today itself.

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Heard learned counsels for the respective parties.

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The learned counsel for the petitioner submits that he is confining his prayer only to the extent of seeking direction to the learned Sub Judge-IV, Saharsa to expedite and dispose of Title Suit No. 287 of 2014 at the earliest, preferably within some stipulated time limit. The learned counsel for the petitioner specifically submits that he has not been pressing the other reliefs.

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Since the petitioner has limited his prayer only for expeditious disposal of Title Suit No. 287 of 2014 pending before the learned trial court, I think no useful purpose would be served in keeping the matter pending since it is a petition of the year 2021.

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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

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Patna High Court C.Misc. No.23 of 2021 dt.09-01-2025 3/3

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petitioner, the learned Sub Judge-IV, Saharsa is directed to expedite the proceeding of Title Suit No. 287 of 2014 and try to conclude the same on its merits and in accordance with law preferably within a period of one year from the date of receipt/production of a copy of this order, without adjourning the matter unnecessarily, since it has been pending for last 10 years.

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At the same time, the parties are directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

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With the aforementioned observations and directions, the instant petition stands 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	09.01.2025
Transmission Date	NA

Dr. Swatantra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Swatantra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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