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Patna High CourtCWJC/12050/2021dismissed

Subash Chandra Singh v. The State Of Bihar

2022-03-31Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12050 of 2021 ====================================================== Subash Chandra Singh Son of Late Ram Ishwar Singh Resident of MohallaTarachak, Ward No. 08, P.O. and Police Station- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Urban Development Department, New Secretariat, Govt. of Bihar, Patna.

3.

The Executive Officer, Nagar Parishad, Danapur, Patna. 4.

The Chairman, Danapur, Nagar Nigam, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Akhilesh Kumar Sinha, Advocate For the S t a t e :

Mr Subhash Prasad Singh, GA III Mr Ghanshyam Sharma, AC to GA III ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 31-03-2022 Heard learned counsel for the parties.

The petitioner is seeking direction from this Court to Nagar Parishad, Danapur to allow fresh connection for supply of water for the premises in question which the petitioner is allegedly occupying as tenant.

On perusal of the statement made in the supplementary affidavit, filed on behalf of the petitioner, it appears that a Title Suit is pending between the petitioner and the landlord, registered as Title Suit No 94 of 2019 in which the

Patna High Court CWJC No.12050 of 2021(4) dt.31-03-2022 2/2 petitioner has filed an application for restoration of water connection before the Court below.

In such view of the matter, in our opinion, this writ application is thoroughly misconceived for the reason that the petitioner cannot be permitted to pursue two parallel remedies for the same relief.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U