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Patna High CourtCWJC/15643/2016dismiss for nonprosecution

Onkarnath Singh And ANR v. The State Of Bihar And ORS

2025-08-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15643 of 2016 ====================================================== 1.

Onkarnath Singh and Anr son of Late Kedar Narayan Singh. 2.

Chandrachur Kumar Singh son of Shambhu Nath Singh. Both resident of Dehad, Police Station- Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary of Law Department, Govt. of Bihar, Patna. 3.

The Registrar Civil Court, Saharsa.

4.

Vimal Kumar Singh son of Narendra Prasad Singh, resident of village Dehad, Police Station- Sonbarsa Raj, District- Saharsa. 5.

Shambhu Nath Singh son of Late Kedar Narayan Singh. 6.

Rambhu Nath Singh son of Late Kedar Narayan Singh. 7.

Kesar Narayan Singh son of Late Lakhi Prasad Singh, Resident of Respondent No. 5, 6 and 7 are village- Dehad, Police Station- Sonbarsa Raj, Distrit- Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Manish Kumar, Advocate AC to Ex-AAG-6 In-charge AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2025 No one appears on behalf of the petitioner though State is present.

2. The present writ petition has been preferred for : A. For issuance of an appropriate writ(s), order(s) or direction(s) to the respondent to consider the claim of the petitioners for amendment In Title Suit Plaint Case No.41/2014, in which petitioners filed a amendment petition Under Order-6, Rule-17 and Section 151 in the Lower Court, Saharsa for insertion of Khata No.51 in front

Patna High Court CWJC No.15643 of 2016(2) dt.04-08-2025 2/2 of Khesra No.2115 and Khata No.83 in front of rest four Khesra i.e.2116, 2117, 2119 and 2121 in page No.14 of title Suit Plaint, with addition of some word in page 5 of para 8 and 9 through which the nature of plaint will not be change.

B. For further direction to the respondent authorities to consider the claim of petitioners and amended in Title Suit plaint which clearify the genetic situation as well as factual position of possession which is based on survey and aforesaid facts are based on authentic documents.

C. And/or any other relief or reliefs for which the petitioners are found entitled, in the light of facts and circumstances of the case

3. Learned counsel for the State submits that the matter has probably become infructuous.

4. Be that as it may, since there is no appearance, dismissed for non prosecution.

(Rajiv Roy, J) Raj Ranjan/- U T