Gyaneshwar Prasad Singh v. Commissioners Of Katihar Muncipality And ANR

Patna High Court CWJC No.4718 of 2014 (2) dt.21-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4718 of 2014 ======================================================

1. Gyaneshwar Prasad Singh S/O Late Raghunandan Prasad Singh Resident Of Muhalla Barmasia, Near P AND T Colony, Police Station AND District - Katihar .... .... Petitioner/s

Versus

Commissioners of Katihar Muncipality & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha For the Respondent/s : Mr. S.P. Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner as well as Mr. S.P. Tripathy, learned counsel appearing for respondent Nos. 1 and 2.

It appears that the plaintiff-petitioner filed Title Suit No. 01 of 2004 for declaration of title against the respondents herein. In the said suit, an application was filed by the petitioner seeking amendment with respect to four items. The court below allowed the amendment with respect to item No. 1 and 2 and did not pass any order with respect to item Nos. 3 and 4. According to learned counsel for the petitioner, till today no evidence has been adduced by the plaintiff or the defendant and the suit is at preliminary stage but the court below without expressing any reason has not passed any order with respect to item Nos. 3 and 4.

Patna High Court CWJC No.4718 of 2014 (2) dt.21-01-2016 From perusal of the impugned order, it appears that admittedly, no order has been passed with respect to item Nos. 3 and 4 of the amendment application field by the plaintiffpetitioner, which has been annexed as annexure-2 to this writ application.

In view of the above facts and circumstances, the matter is remanded back with regard to item Nos. 3 and 4 mentioned in the amendment application only. The court below shall pass necessary orders in accordance with law after hearing both the parties on these items only.

With the above observation, this writ application is disposed of and the matter is remanded to the court below for a fresh order as indicated above.

(Mungeshwar Sahoo, J) brajesh/- U