Ram Sundar Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.311 of 2024 ====================================================== Ram Sundar Prasad Mahto, Son of Late Akshar Prasad Mahto, permanent resident of Village - Mohamadpur Koari, P.S. - Tajpur, District - Samastipur, Pin - 848131.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Samastipur.

3.

Ram Chandra Prasad Mahto, Son of Late Akshay Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur. 4.

Uma Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur. 5.

Hari Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur. 6.

Gauri Shankar Prasad Mahto, S/o Ram Chandra Prasad Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur. 7.

Rajdeo Mahto, Son of Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

8.

Shiv Shankar Mahto, Son of Ram Parikshan Mahto Resident of VillageHarpur, Police Station- Pura, District- Samastipur. 9.

Uma Shankar Mahto, Son of Ram Parikshan Mahto Resident of VillageHarpur, Police Station- Pura, District- Samastipur. 10.

Veena Devi, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

11.

Sheela Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

12.

Pinki Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

13.

Shashikala Kumari, D/o Ram Parikshan Mahto Resident of Village- Harpur, Police Station- Pura, District- Samastipur.

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

For the Petitioner/s :

Mr.Abhay Kumar, Advocate Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Binod Kumar Sinha, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 09-05-2024 Heard learned counsel for the petitioner and learned

Patna High Court C.Misc. No.311 of 2024 dt.09-05-2024 2/3 counsel for the State.

2. The petitioner has filed the instant petition under Article 227 of the Constitution of India seeking direction to the learned Sub Judge-V, Samastipur to dispose of Partition Suit No. 97/1997 at the earliest.

3. Since the only prayer of the petitioner is for expeditious disposal of Partition Suit No. 97/1997 pending before the learned trial court, I do not think there is any need to issue notice to the private respondents and the present matter could be disposed of straightaway as it is an old matter of the year 1997.

4. Expeditious disposal of the civil suit is in the interest of parties and in general public as well and there could be no denial of this fact.

5. Having considered the aforesaid facts and circumstances as well as submission made on behalf of the petitioner, the learned Sub-Judge-V, Samastipur is directed to expedite the proceeding of Partition Suit No. 97/1997 and try to conclude the same on its merits and in accordance with law preferably within a period of nine months from the date of receipt/production of a copy of this order, without adjourning the matter unnecessarily.

Patna High Court C.Misc. No.311 of 2024 dt.09-05-2024 3/3

6. The parties are also directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

7. With the aforementioned observations and directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2024 Transmission Date NA