Lt. Gen. (Rtd.) Anant Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6703 of 2024 ====================================================== Lt. Gen. (Rtd.) Anant Prasad Singh Son of Shri Bachha Prasad Singh Resident of Q. No.- 204, Phase-3, A WHO Gurjinder Vihar, Greater Noida, Kasna, Gautam Budha Nagar, Utter Pradesh through his constituted attorney Mrs. Chandrawati Singh, aged about 80 years, Female daughter of Late Laldeo Singh, resident of 205, Pataliputra Colony, P.S.- Pataliputra, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Secretary -Cum- Legal Remembrancer, Govt. of Bihar, Patna.

2.

The District Judge, Patna.

3.

Smt. Sheo Kumari Devi, Wife of Late Ram Balak Singh Resident of VillageNaudiha, P.S.- Sonepur, District- Saran at presently residing at Dujra, P.S.- Budha Colony, District- Patna.

4.

Smt. Lalita Devi, Wife of Sri Surendra Prasad Singh Resident of VillageNaudiha, P.S.- Sonepur, District- Saran at presently residing at Dujra, P.S.- Budha Colony, District- Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakti Suman Kumar, Advocate For the Respondent/s :

S.C.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-04-2024 The defects, as pointed out by the office, are ignored.

2.

This Court is not issuing notice to the respondent nos. 2 to 4 in view of the order which is being passed in the present matter.

3.

The petitioner is the landlord and he was the plaintiff in Eviction Suit No.77 of 1994. He has lost in the Eviction Suit and Title Appeal No.34 of 2013 is not being disposed of as the Lower Court Records are not available. The

Patna High Court CWJC No.6703 of 2024(2) dt.20-04-2024 2/2 petitioner has approached the Court below to reconstruct the records but the order regarding reconstruction of the Lower Court Records has not been passed till date.

4.

In these circumstances, this writ petition is disposed of with a direction to the Additional Sessions Judge, XXIII, Patna to reconstruct the Lower Court Records of Title Appeal No.34 of 2013 within one month from the date of receipt/production of a copy of this order and dispose of the appeal within two months thereafter. After disposing of the Title Appeal, he will send a status report to this Court. 5.

The petitioner is given liberty to move appropriate application in this Court if he has any further grievance in the matter.

(Sandeep Kumar, J) pawan/- U