Ramawtar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4967 of 2018 In Civil Writ Jurisdiction Case No.19580 of 2010 ====================================================== 1.

Ramawtar Singh, Son of Late Jagdeo Singh, R/O Vill Mirjapur, P.S. Mirganj, Disttt-Gopalganj.

2.

Ram Sharan Singh, Son of Late Jagdeo Singh, R/O Vill Mirjapur, P.S. Mirganj, Distt-Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Gopalganj. 2.

Rajdeo Singh, Son of Late Ram Lal Singh, resident of Village- Mirjapur, Police Station- Mirganj, District- Gopalganj. 3.

Hareram Singh, Son of Late Ram Lal Singh, R/O Vill Mirjapur, P.S. Mirjganj, Distt-Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Kamla Kant Tiwary, Mr. Umesh Kumar Mishra, Advocate For the Opposite Party :

Mr. Md. Khurshid Alam , AA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-09-2022 Heard the parties.

This application has been filed for restoration of CWJC NO.19580 of 2010 which stood dismissed for noncompliance of the peremptory order dated 05.08.2015. For the reasons mentioned in this application, it is allowed and CWJC NO.19580 of 2010 is restored to its original file.

CWJC NO.19580 of 2010 Heard the parties on merits.

By the impugned order 25.09.2010, the court below

Patna High Court MJC No.4967 of 2018(4) dt.09-09-2022 2/2 has held that the miscellaneous case challenging the order of the Lok Adalat was not maintainable and therefore, it was not admitted.

In the opinion of this Court, any order of Lok Adalat can be challenged by way of fresh writ application and not otherwise. This application is not maintainable. It is accordingly, dismissed.

Petitioners are granted liberty to file an appropriate application before this Court challenging the order of the Lok Adalat.

(Sandeep Kumar, J) BT/- U