Patna High CourtCWJC/22166/2014disposed

Keshaw Mishra v. The State Of Bihar And ORS

2018-09-07Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22166 of 2014 =========================================================== Keshaw Mishra Son of Late Vishwamohan Mishra, resident of village-Dumwalia, P.O. - Narainpur, P.S. - Bagaha, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Law Department, Govt. of Bihar, Patna.

2. The Collector, West Champaran at Bettiah.

3. The Sub-Divisional Officer, Bagaha P.O. Narapur, P.S. Bagaha, District West Champaran.

4. The Anchal Adhikari, Bagaha - 2, P.S. Bagaha, District West Champaran.

5. Haribans Singh son of Late Indra Shan Singh Village Nadda, P.O. Bharoganj (Nadda), P.S. Bharoganj, District West Champaran.

6. Raghubans Singh alias Rameshwar Singh son of Late Indrasan Singh village Chamwalia, P.O. Sirsiya, P.S. Bagaha, District - West Champaran.

7. Mohan Singh

8. Nageshwar Singh

9. Satyendra Singh, all are sons of Indrasan Singh, residents of village Nadda, P.S. Bharoganj, District West Champaran.

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

For the Petitioner/s : Mr. Abhitabh Kumar, Adv. For the Respondent/s : Mr. Deepanjali Gupta, AC to GP-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 07-09-2018 The petitioner has filed this writ application for a direction to the learned Sub-Judge-II, Bagaha to appoint a Receiver in Title Suit No. 83 of 2010 to look after and manage the affairs of the pond which is subject matter of dispute between the parties. He has further prayed to direct the court below to expedite the trial of said suit within a time frame.

2. Heard learned counsel for the petitioner and perused the record.

Patna High Court CWJC No.22166 of 2014 dt.07-09-2018 2/2

3. The appointment of receiver and direction to expedite the trial is beyond the scope of writ jurisdiction in view of the fact that the petitioner has not raised his grievance before the court below by filing a petition for appointment of receiver.

4. In view of above facts and circumstances, this application is disposed of with a direction to the petitioner to file a petition before the lower court for appointment of receiver and also to participate in trial for expeditious disposal. It is desirable for the court below to expedite the trial in accordance with law. (Sanjay Kumar, J) Mahesh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date11/09/2018 Transmission Date N/A