Lokesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6906 of 2017 ====================================================== Lokesh Kumar Son of Bimal Prasad Gain Resident of Village Kabirchak, P.S. Sadar, P.O. Kabirchak, District Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Darbhanga.

2.

The Circle Officer, Sadar, Darbhanga.

3.

Musai Paswan Son of Sakhichand Paswan.

4.

Swaroop Paswan Son of Bilat Paswan.

5.

Thakan Paswan Son of Chhattu Paswan.

6.

Sukhdeo Ram Son of Newaji Ram All residents of Village Rasalpur Sahila, P.S. Sadar, District Darbhanga.

7.

Bharat Sah 8.

Suresh Sah 9.

Ramesh Sah 10.

Dinesh Sah Sons of Bhubneshwar Lal Sah All residents of Mohalla Madarpur, P.S. Laheria Sarai, District Darbhanga. 11.

Meena Devi Wife of Sanjay Sanehi, Daughter of Late Bhuneshwar Lal Sah Resident of Rajendra Nagar, Patna.

12.

Khakhan Sah 13.

Bhadai Sah 14.

Saini Sah Sons of Late Butan Sah 15.

Sita Ram Sah Son of late Lakhan Sah 16.

Rudhal Sah 17.

Budan Sah 18.

Suken Sah Sons of Late Lakhan Sah 19.

Sadhu Sah 20.

Phool Babu Sah Sons of Late Thakko Sah 21.

Pavitri Devi Wife of Late Thakko Sah 22.

Ram Pukar Sah Son of Late Thakko Sah Sl. No. 12 to 22 all residents of Village Rasalpur Sahila, P.S. Sadar, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha-SC19 Mr. Saurabh Kumar, AC to SC-19 ======================================================

Patna High Court CWJC No.6906 of 2017 dt.29-07-2024 2/3 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 29-07-2024 Learned counsel for the petitioner prays for and is allowed to make necessary correction in the cause-title of the present writ petition in course of the day.

2. Heard learned counsel for the parties.

3. In this writ petition, the petitioner has prayed for following relief:- "1. That this is an application for commanding/directing the court below (The court of Collector, Darbhanga) to hear and dispose of Miscellaneous Case No. 41 of 2015 which is pending since the date of its filing i.e. 16.09.2015 resulting the petitioner is suffering from irreparable loss for his no fault and also for grant of all other consequential reliefs for which the petitioner is found entitled to"

4. At the very outset, learned counsel for the petitioner seeks direction upon the District Magistrate-cum-Collector, Darbhanga for disposal of the Miscellaneous Case No. 41 of 2015 filed on 16.09.2015, which is pending consideration before him and has not been disposed of as yet.

5. Learned counsel for the respondent-State submits that in case the aforesaid Miscellaneous Case No. 41 of 2015 filed on 16.09.2015 is still pending, the same may be

Patna High Court CWJC No.6906 of 2017 dt.29-07-2024 3/3 directed to be disposed of, within a stipulated time frame.

6. In view of the above, this Court, in the interest of justice, directs the District Magistrate cum Collector, Darbhanga to dispose of the aforesaid Miscellaneous Case No. 41 of 2015 in accordance with law by passing a reasoned and speaking order within a period of four weeks from the date of receipt/production of a copy of this order.

4. The writ petition stands disposed off in the aforesaid terms.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2024 Transmission Date