Ram Pyare Mistri v. Smt. Daso Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.307 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- NALANDA (BIHARSHARIFF) =========================================================== Ram Pyare Mistri, son of Late Gopi Mistri, Resident of Village -Telhara, P.S.- Ekangarsarai, Telhara, District- Nalanda.

.... .... Petitioner/s

Versus

1. Smt. Daso Devi, wife of Late Hari Mistri

2. Ram Sevak Mistri

3. Mohan Mistri

4. Sohan Mistri O.P No. 2 to 4 are son of Late Hari Mistri All Resident of Village -Telhara, P.S.-Ekangarsarai, Telhara, District- Nalanda.

5. State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Respondent/s : Mr. Ashok Kumar Singh 1 (APP) =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-02-2016 The petitioner seeks revision of the order 19.12.2005, passed by the Second Additional Sessions Judge, Hilsa (Nalanda) in Criminal Revision No. 38 of 2000, setting aside the order dated 03.06.2010, passed by Sub Divisional Magistrate Hilsa on the ground that it was not public Rasta in case no. 88/MP/92 Trial No. 44/1999, without hearing the petitioner.

Since the matter is of the year 1992, I would not think it proper to interfere in the same. However, the Revisional Court is directed to call for a report and pass a fresh order after hearing both the parties within three weeks of the date of receipt of the report. With the aforesaid observation, this application stands disposed of.

(Anjana Prakash, J) brajesh/-sunil U T