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Patna High CourtCWJC/12604/2015withdrawn

Anil Kumar v. The Managing Director, Sahara India Pariwar, Sahara And ORS

2023-07-06Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12604 of 2015 ====================================================== Anil Kumar ... ... Petitioner/s

Versus

The Managing Director, Sahara India Pariwar, Sahara and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-07-2023 A perusal of the petition shows that the writ petition is filed against private persons and the main grievance of the petitioner is that the Respondent Nos. 1, 2 and 3 have taken deposits and even after the maturity of the deposit, the matured amounts have not been credited to the petitioner. Neither the State nor the instrumental piece of State are parties to the present writ petition and counsel for the petitioner is unable to satisfy this Court as to how the writ petition is maintainable against the private persons. If the petitioner has any grievance with regard to the amounts due from a private person his remedy is to approach the Civil Court for redressal of his grievance, but not by way of a writ petition under Act 226 of the Constitution of India. When this Court has expressed that it is

Patna High Court CWJC No.12604 of 2015(2) dt.06-07-2023 2/2 not inclined to entertain the present CWJC, the counsel has sought withdrawal of the writ petition with a leave to approach the Civil Court.

Without going into the merits or demerits of the case, the petitioner is permitted to withdraw the present writ petition with a liberty to approach the Civil Court for redressal of his grievance.

Accordingly, this writ petition is dismissed as withdrawn with a leave to approach the Civil Court, if the petitioner is so advised.

(A. Abhishek Reddy , J) gauravkr/- U