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Patna High CourtCWJC/14817/2018dismissed

Samsun Nisha v. The State Of Bihar And ORS

2025-04-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14817 of 2018 ====================================================== Samsun Nisha W/o Md. Mahfoz Alam Resident of Village Kumma, P.S. Sursand, District Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Sitamarhi.

3.

The Superintendent of Police, Sitamarhi.

4.

The Sub Divisional Officer, Pupri, District - Sitamarhi. 5.

The Dy. S.P. Pupri, District Sitamarhi.

6.

The Officer Incharge, Sursand, District Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Md.Nadim Seraj -GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-04-2025 No one appears on behalf of the petitioner, even after repeated calls. However, learned counsel for the State is present.

2. Learned counsel for the State submits that, vide Order No. 2 dated 07.04.2025, no one appeared on behalf of the petitioner. Counsel further submits that, in the present case, the relief of mandamus has been sought by the petitioner against respondent No. 7. However, it is pointed out that no person has been impleaded as respondent No. 7. As such, the present writ petition is not maintainable.

3. Upon perusal of the record, it transpires to this Court that only six respondents have been impleaded in the

Patna High Court CWJC No.14817 of 2018(3) dt.21-04-2025 2/2 present writ petition, and no one has been added as respondent No. 7. But, relief has been sought against respondent No. 7, and references to respondent No. 7 have been made in paragraph Nos. 1, 2, 7, 8, and 12 of the prayer portion.

4. In this background, this Court is of the firm view that the writ petition is defective and, accordingly, it is dismissed as not maintainable, with liberty to the petitioner to sue in accordance with law against the proper party. (Dr. Anshuman, J.) Aman Kumar/- U