Nesar Ahmad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11160 of 2014 ===========================================================
1. Nesar Ahmad Son of Md. Hasibul at present resident of Mohalla Hospital Road, Banta, P.O- D.M.C., P.S- Laheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Urban Development Secretary, Govt. of Bihar, Patna.
......Respondent.
2. Avinash Gami son of Late sushil Kumar Gami, Resident of Mohalla-Hospital Road, Benta, P.S. Laheriasarai, P.O.-D.M.C.H District Darbhanga. .........Plaintiff-Respondent 3.Dr. Devendra Kumar,Son of Dr. P.K. Bhattarcharya. 4.Dr. Safi Ahmad, son of Sabir Ahmad.
(Doctor of Orthopedics) At present resident of Mohalla Hospital Road, Banta, P.O. D.M.C.H P.S. Laheriasarai, District Darbhanga.
.......Defendant 2nd Party-Respondent =========================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Adv For the Respondent/s : Mr. SC23 KUMAR PRIYA RANJAN =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 25-07-2016 Heard Mr. Dinu Kumar, learned counsel appearing on behalf of the petitioner and learned counsel for respondent no. 2.
2. By the impugned order the learned court below has directed the defendant-tenant to deposit the arrears of rent with
Patna High Court CWJC No.11160 of 2014 dt.25-07-2016 further direction that the plaintiff would be entitled to withdraw the same till the court decides the dispute and makes an order for payment of the same.
3. Mr. Dinu Kumar, learned counsel appearing for the petitioner at the outset has produced the orders dated 16.02.2016 passed in C.W.J.C No. 8510 of 2014 and C.W.J.C No. 8487 of 2014 and has submitted that the present application be also disposed of on similar grounds as identical question of law and fact are involved.
4. Learned counsel for the respondent no. 3 has raised no objection to such prayer of the learned counsel for the petitioner.
5. After considering the submissions and perusal of the aforesaid orders passed by this Court in the aforesaid two writ applications, the direction as contained in the impugned order is affirmed and this application is, accordingly, dismissed. (V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 27.07.2016 Transmission Date N.A.