Ram Shankar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7257 of 2014 ====================================================== Ram Shankar Sharma .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Respondent/s : Mr. Gp21- Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel for the State authorities.

From perusal of the impugned order, it appears that the court below passed the order without hearing the petitioner and rejected the intervener's application.

According to the learned counsel, if the application was not pressed the court below should have dismissed the same for default but could not have dismissed the same on merit. The learned counsel for the State authorities submitted that the court below may pass fresh order after hearing both the parties but the time should be fixed for disposal of the application filed by the intervener petitioner.

In view of the above facts that the order has been passed by the court below without hearing the petitioner, I direct that the court below shall pass a fresh order according to law after

Patna High Court CWJC No.7257 of 2014 (2) dt.17-02-2016 hearing the parties on the application under Order 1 Rule 10 (2) CPC filed by the petitioner within reasonable period. If the intervener petitioner does not press the application, the court below shall dismiss it.

With this observation, this writ application is allowed and the impugned order dated 05.12.2013 is set aside. The matter is remanded back to the court below for fresh decision as indicated above.

(Mungeshwar Sahoo, J) Harish/- U T