Ashok Kumar Choudhary And ORS v. Smt.Mostt. Manju Devi @ Kavi Kanta Chaudhary And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 12391 of 2014 ======================================================
1. Ashok Kumar Chaudhary
2. Binod Kumar Chaudhary
3. Amod Kumar Chaudhary
4. Pramod Kumar Chaudhary All sons of Late Vishwanath Chaudhary
5. Most. Siyawati Devi, wife of Late Vishwanath Chaudhary, All are residents of village and P.O. Jadhua, P.S. and Anchal Hajipur, Subdivision Hajipur, Vaishali .... .... Petitioners
Versus
1. Smt. Manju Devi @ Kavi Kanta Chaudhary, W/o Late Rabindra Prasad Chaudhary
2. Manish Kumar, S/o Late Rabindra Pd. Chaudhary
3. Ram Chandra Chaudhary
4. Shiv Shankar Chaudhary
5. Laxman Chaudhary
6. Rakesh Chaudhary All sons of Sundar Chaudhary, Opposite Party No. 1 to 4 are residents of Mohalla Ram Bagh Chauri, Ward No. 46, P.O. Ramna, Police Station Mithanpura, East Muzaffarpur, Muzaffarpur, Defendant No. 5 and 6 are R/o Mohalla Pankhatoli, P.S. Kazi Mohammadpur, Muzaffarpur
7. Ram Nandan Chaudhary, S/o Late Muni Lal Chaudhary
8. Reeta Bharti, W/o Late Ashok Kumar Chaudhary
9. Ritesh Anand, S/o Late Ashok Kr. Chaudhary
10. Kiran Kumar Chaudhary, S/o Late Munni Lal Chaudhary, Opposite Parties No. 7 to 10 are Resident of Village Chandwara Azad Road, P.O. and Police Station Town Muzaffarpur
11. Yogeshwar Rai, S/o Late Ram Lagan Rai, Resident of Jadhua, Police Station Town, Sub Division, Hazipur Sadar, Registry Office, Vaishali
12. Shiv Nath Rai, S/o Late Ramjee Rai, Resident of Village Mohalla Jadhua Chiknauta, Police Station Town Sub Division and Registri Hajipur Sadar, Hajipur
13. Kamla Devi, W/o Late Rajeshwar Chaudhary, Resident of Mohalla Pankhatoli, Police Station Kazi Mohammadpur, East Muzaffarpur
14. State of Bihar through Collector, Bihar, Patna .... .... Respondents ====================================================== Appearance :
For the Petitioners : Mr. Ashok Kumar Sinha, Sr. Advocate For the Respondents : Mr. Ram Vinay Prasad Singh, A.C. to G.A.-XII ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 29-08-2016 Mr. Ashok Kumar Sinha, learned Senior Counsel for the petitioners prays to delete respondent no. 14, State of Bihar as
Patna High Court CWJC No.12391 of 2014 (2) dt.29-08-2016 2/2 party-respondent in this application.
Learned counsel for the State-respondent is present. Mr. Sinha, the learned Senior Counsel appearing for the petitioners has pressed the interlocutory application (I.A. No. 12391 of 2014) and has prayed that the petitioners may be permitted to expunge the name of deceased-respondent no. 13 Kamla Devi from the application. As prayed for, the respondent no. 14 stands deleted from the application.
As prayed for, the petitioners are permitted to expunge the name of respondent no. 13, Kamla Devi from the application at the risk of the petitioners.
Mr. Ashok Kumar Sinha, the learned Senior Counsel appearing for the petitioners, after some arguments, has sought permission to withdraw the application with liberty to the petitioners to seek the remedy available to them against the impugned order in accordance with law.
Permission is accorded.
Accordingly, the application is dismissed as withdrawn with the aforesaid liberty.
Kundan (V. Nath, J.) U