Govind Jalan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20507 of 2010 ====================================================== Govind Jalan, son of Prahlad Prasad Jalan , of vill-Pupri, P.S. Pupri, District- Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar

2. The Law Secretary, Govt. of Bihar, Patna

3. The Registrar, Civil Court, Sitamarhi, District- Sitamarhi

4. Madan Lal Mishra, son of Jairam Mishra, of resident of Pupri Bazar, P.S. Pupri, District- Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Respondent/s : Mr. AC to AC-4 Mr. Pyush Lall, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

22-06-2015 Heard learned counsel for the petitioner, Sri Pyush Lall, learned counsel for the Respondent no.3 and learned AC to SC-4.

The present writ petition has been filed against the order dated 24.02.2010 passed by the learned Sub Judge-1, Sitamarhi in Eviction Suit No.1 of 2010. Learned counsel for the petitioner submits that the suit was filed primarily for fixation of rent, which has been dismissed only on the ground of non-compliance of the provisions under Section 106 of the Bihar Tenancy Act.

Patna High Court CWJC No.20507 of 2010 (5) dt.22-06-2015 2/2 On perusal of the impugned order, it is evident that the petitioner was asked to remove the defect and then file a fresh case. The Court is of the opinion that instead of interfering with the impugned order, the writ petition can be disposed of, so that the petitioner may file afresh petition after removing the defect as was pointed out by the learned court below.

The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U