Smt.Archana Singh @ Chhoti Dev v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6467 of 2011 ======================================================

1. Smt. Archana Singh Alias Chhoti Devi Wife Of Shri Biney Prasad Singh Resident Of Village Aunta Lakhanchand, Post Office Mokamaghat, PoliceStation Mokama, Distt. Patna

2. Uma Devi Wife Of Late Suresh Prasad Singh Resident Of Village Aunta Lakhanchand, Post Office Mokamaghat, Police-Station Mokama, Distt. Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Md. Taslim Son Of Late Wali Mohammad Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

3. Md. Muslim Son Of Late Wali Mohammad Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

4. Alamgir Son Of Late Md. Tahir Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

5. Umesh Prasad Son Of Late Kedar Pd. Singh Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

6. Shri Nandan Prasad Singh Son Of Late Kailash Pd. Singh Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

7. Nabisa Khatoon Wife Of Md. Suleman Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

8. Nasuha Khatoon Wife Of Md. Ibrahim Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna

9. Asmun Khatoon Wife Of Md. Muslim Resident Of Village Aunts Lakhanchand Post Office Mokama Hat, P.S. Mokama, Distt. Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. S.S. Shabbar Hussain Gp4 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-08-2015 Nobody appears on behalf of the petitioners. Counsel for the State is present. He states that the relief prayed for in this application is preposterous.

The application seeks the following relief as culled out in paragraph 1 of the application:-

Patna High Court CWJC No.6467 of 2011 (2) dt.27-08-2015 2/2 '1. That, this application is directed on behalf of the aforesaid petitioner to quash proceeding of Title Suit No. 89 of 2002 pending in the Court of Sub-Judge-I Barh by issuance of writ in the nature of certiorari or any other appropriate writ or writs, order or orders as the case may be, as for the same subject matter Title Suit No. 02 of 2004 is also filed in which plaintiff Md. Taslim and Md.

Muslim are made defendants no. 8 and 9 who had filed written statements also after appearance, is quite illegal, without jurisdiction as the suit with regard to same subject matter is not maintainable." The application is dismissed for non-prosecution. (Kishore Kumar Mandal, J) Pankaj/- U