Kashi Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9695 of 1993 ======================================================
1. Chand Kumari Devi, W/o Ramjee Prasad Jaiswal
2. Ashok Kumar Jaiswal, son of Ramji Prasad Jaiswal
3. Ram Dulari Devi, W/o Ranglal Prasad Keshari All residents of village Mohania, Police Station Mohania, DistrictBhabhua. ... ... Petitioners
Versus
1. The State of Bihar.
2. Joint Director Consolidation (Head Quarter), Patna.
3. Deputy Director Consolidation, Rohtas
4. Consolidation Officer, Mohania.
5. Kashi Singh, son of Late Gurucharan Singh 6(a) Shailendra Singh @ Shivji, son of Late Ram Adhin Singh, resident of Village-More Sarai, Post Officer-More Sarai, P.S.-Shiv Sagar, DistrictRohtas. 7(a) Mostt. Uttam Kuer, W/o Late Lallan Singh 7(b) Brajesh Kumar Singh 7(c) Mithilesh Kumar Singh Both sons of Late Lallan Singh All resident of Village-Moresarai, P.S.-Shiv Sagar, DistrictRohtas. 7(d) Smt. Manju Singh, W/o Sri Mathura Singh and D/o Late Lallan Singh, resident of Mohalla-Vivek nagar, P.S. and Dist.-Sultanganj (U.P.) 7(e) Smt. Shashi Kala, W/o Shailendra Pratap Shahi and D/o Late Lallan Singh, resident of near Bhahua Police Station, P.S.-Bhabua, District-Kaimur. 7(f) Smt. Renu Singh, W/o Sri Sunil Singh and D/o Late Lallan Singh, resident of Kanke Road near C.M. Residence, P.S.
-Kanke, Jharkhand at present residing at Latehar with her husband Sri Sunil Singh, Member, District Consumer Forum, Latehar, District-Latehar, Jharkhand. 8(a) Most. Muni Kuer wife of Late Sampat Kumar Singh, resident of VillageMoresarai, P.S.-Shiv Sagar, District-Rohtas. 8(b) Smt. Geeta Devi, W/o Sri Manoj Kumar Singh and D/o Late Sampat Kumar Singh, resident of Village&P.O.-Tetrarh, P.S.-Akorhi Gola, DistrictRohtas. 9(a) Daya Shankar Singh son of Late Tarkeshwar Singh, resident of VillageMohania, P.S.-Mohania, District-Kaimur. ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 5771 of 2008 ====================================================== Kashi Singh, son of Late Gurucharan Singh, resident of Village-Moresarai, P.S.-Sheosagar, District-Rohtas at Sasaram.
... ... Petitioner
Versus
1. The State of Bihar
2. The Director Consolidation, Budh Marg, Patna.
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3. The Deputy Director Consolidation, Rohtas-cum-Kaimur at Sasaram
4. The Consolidation Officer, Mohania. Distt.-Kaimur at Bhabhua
5. Ashok Kumar Jaiswal, son of Ramjee Jaiswal
6. Tarkeshwar Singh, son of Late Shri Ayodhya Singh both residents of village-Mohania, P.O. & P.S.-Mohania, DistrictKaimur (Bhabhua).
7. Sampat Kumar Singh, son of Late Gurucharan Singh
8. Lallan Prasad Singh, son of Late Gurucharan Singh
9. Shiojee Singh son of Late Ram Adhin Singh, All residents of Village-Moresarai, P.S.-Sheosagar, District-Rohtas at Sasaram.
... ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 5169 of 2008 ====================================================== Kashi Singh, son of Late Gurucharan Singh, resident of Village-Moresarai, P.S.-Sheosagar, District-Rohtas at Sasaram.
... ... Petitioner
Versus
1. The State of Bihar
2. The Director Consolidation, Budh Marg, Patna.
3. The Deputy Director Consolidation, Rohtas-cum-Kaimur at Sasaram
4. The Consolidation Officer, Mohania. Distt.-Kaimur at Bhabhua
5. Ram Dulari Devi, wife of Shri Ranglal Prasad Keshri
6. Tarkeshwar Singh, son of Late Shri Ayodhya Singh both residents of village-Mohania, P.O. & P.S.-Mohania, DistrictKaimur (Bhabhua).
7. Sampat Kumar Singh, son of Late Gurucharan Singh
8. Lallan Prasad Singh, son of Late Gurucharan Singh
9. Shiojee Singh son of Late Ram Adhin Singh, All residents of Village-Moresarai, P.S.-Sheosagar, District-Rohtas at Sasaram.
... ... Respondents ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 9695 of 1993) For the Petitioners :
Mr. Bhanu Pratap Singh, Advocate For the Respondent State:
Mr. Sushil Kumar Singh, AC to AAG-10 For the Respondent No. 5;
Mr. Anjani Kumar Sinha, Advocate For the Respondent No.7 :
Mr. Siddharth Harsh, Advocate (In Civil Writ Jurisdiction Case Nos. 5169 of 2008 & 5771 of 2008) For the Petitioner :
Mr. Anjani Kumar Sinha, Advocate For the Respondent No.5 :
Mr. Bhanu Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-02-2019 I. A. No. 9151 of 2018 has been filed, in C.W.J.C. No. 9695 of 1993, seeking withdrawal of the writ application.
3/4 Respondent No.5 is admittedly the contesting respondent, who does not have any objection to such withdrawal. Learned counsel appearing on behalf of legal heirs of respondent No.7 has submitted, however, that the compromise between the petitioner and the respondent No.5 leading to filing of present application for withdrawal of the writ application may adversely affect their interest.
This is not in dispute that respondent No.7 did not contest the proceedings at any stage. In the present writ application also, no counter affidavit was filed. Respondent No. 5 of C.W.J.C. No. 9695 of 1993 is petitioner in C.W.J.C. Nos. 5169 of 2008 and 5771 of 2008. Applications for withdrawal of the writ applications, registered as I.A. No. 9152 of 2018 and 9153 of 2018, have been filed respectively in the said two cases.
Since the writ petitioners intend to withdraw their writ applications, in the absence of any interim order having been passed in the present batch of cases, no one can have any objection.
These writ applications are accordingly dismissed as withdrawn.
I.A. Nos. 9151 of 2018, 9152 of 2018 and 9153 of
4/4 2018 also stand disposed of.
(Chakradhari Sharan Singh, J) Pawan/- U