Sita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7973 of 2013 ======================================================

1. Sita Devi Wife Of Late Koko Yadav Resident Of Village Siswa, Police Station Gogari In The District Of Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar , Through The Chief Secretary, Government Of Bihar, Patna

2. The Home Secretary (Police), Government Of Bihar, Patna

3. The Inspector General Of Prisons, Bihar, Patna

4. The Superintendent, Mandal Kara, Khagaria, Distt. Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-02-2016 Heard Mr. Dhirendra Nath Jha, counsel for the petitioner and Mr. Manoj Jha, A.C. to G.P. 26. The counsel for the State has raised a preliminary objection to the maintainability of the writ application in the light of the order dated 23.02.2007 passed on her earlier writ application being C.W.J.C. No. 12610 of 2001 (Annexure-4). Aforesaid order is extracted in extenso here-in-below: "Learned counsel for the petitioner submits that the application has become infructuous and therefore he prays for leave to withdraw this application.

The writ application accordingly dismissed as withdrawn."

After six years, this writ application has again

Patna High Court CWJC No.7973 of 2013 (3) dt.09-02-2016 been filed for similar relief. Contention of the State appears to be well-grounded. Reference in this regard may be made to the case of Sarguja Transport Service Vs. State Transport Appellate Tribunal, Gwalior and others reported in A.I.R. 1987 S.C., 88. This writ application is dismissed.

(Kishore Kumar Mandal, J) Amin/- U