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Patna High CourtC.Misc./354/2021dismissed

Sadanand Paswan v. The State Of Bihar Through The Collector,

2021-12-06Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.354 of 2021 ====================================================== 1.

Sadanand Paswan son of Hari Lal Paswan resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 2.

Ranjiya Devi wife of Gajanand Thakur resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 3.

Shobha Devi wife of Sudhir Sah resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 4.

Gayatri Devi wife of Shikendra Thakur resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 5.

Hema Devi wife of Fulchand Thakur resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 6.

Om Prakash Sah son of Late Chunni Lal Sah resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 7.

Jyotish Thakur son of Late Panch Lal Thakur resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 8.

Kishore Sah @ Kishore Kumar Sah son of Late Ram Khelanand Sah resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria.

9.

Ranjan Devi wife of Sudhir Sah resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 10.

Chandan Devi wife of Baiju Sah resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 11.

Dropadi Devi wife of Bahadur Thakur @ Rambahadur Thakur resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria.

12.

Rambati Devi wife of Late Satpana Rai Nag resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 13.

Neelmani Kumari daughter of Late Satpana Rai Nag resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and DistrictAraria. 14.

Pramod Kumar son of Late Satpana Rai Nag resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 15.

Gajendra Patel son of Late Satpana Rai Nag resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. 16.

Vinit Kumar son of Late Satpana Rai Nag resident of Om Nagar, Ward no. - 20 (Old ward no. - 8/16), New Ward No. - 8, P.s. and District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Araria. 2.

Om Prakash Gupta son of Late Dinanath Prasad and Bimala Devi (Mother),

Patna High Court C.Misc. No.354 of 2021(3) dt.06-12-2021 2/3 resident of mohalla - Kali Bazar, Ward No. - 10/14 (Old ward no. - 9), Police Station and District- Araria.

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

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the State Mr. Abhay Kumar Kashyap, AC to GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that, vide impugned order, the learned court below has rejected the petition for grant of injunction over the land in question under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, which is not maintainable, but due to mistake this petition has been filed.

The impugned order is appealable one. As such, the petition is dismissed.

The petitioners may seek remedy before the appropriate forum, in accordance with law.

Accordingly, this Civil Misc. is dismissed as withdrawn.

Office shall ensure that all defects are removed by

Patna High Court C.Misc. No.354 of 2021(3) dt.06-12-2021 3/3 the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U