Arun Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3233 of 2018 ====================================================== Arun Kumar Singh S/o Ram Balak Singh, Resident of Village- Bithauli, P.O. and P.S.- Bhagwanpur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Presiding Officer, Permanent Lok Adalat, Vaishali at Hajipur. 3.

Gauri Singh, W/o Ashok Kumar Singh, (petitioner), 4.

Ashok Kumar Singh, S/o Ram Balak Singh, Both Resident of VillageBithauli, P.O. and P.S.- Bhagwanpur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha- SC 19 Mr. Saurabh Kumar, AC to SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-02-2023 The petitioner has filed the instant writ application for the following relief(s):

"For commanding upon the respondents authority to quash the Order, Decree and Award dated 17.04.2013 passed in Pre-Litigation Partition Suit No.75 of 2013 by the Permanent Lok Adalat, Vaishali at Hajipur whereby and whereunder the suit is decreed in terms of compromise petition of the parties in between wife and husband wrongly made in their favour in the suit which is filed with wrong genealogy leaving the name of the petitioner and his brothers who is the necessary party of the joint property in question."

It is the case of the petitioner that the joint family

Patna High Court CWJC No.3233 of 2018(2) dt.13-02-2023 2/2 property, belonging to the brothers including the petitioner, the respondent no.4 as also two others, were partitioned by the respondent no.4 and his wife-respondent no.3 between them in a proceeding before the Lok Adalat by the impugned order dated 17.4.2013 (Annexure-1) to this writ application. It is further submitted that by a memorandum of partition dated 16.7.2014, the properties belonging to the joint family has been partitioned between the brothers which include the petitioner, the respondent no.4 as also one Ghanshyam Singh and Ajay Kumar Singh.

After some argument, learned counsel for the petitioner seeks permission to withdraw this application to file an appropriate application/partition suit for the issues raised in the instant application.

The application stands disposed of with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U