Ram Chandra Mahto @ Ram Chandra Pd. Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.354 of 2022 ====================================================== 1.

Ram Chandra Mahto @ Ram Chandra Pd. Mahto Son of Late Durga Mahto @ Durga Prasad Resident of Village and P.O. and P.S.- Bithan, DistrictSamastipur at present at Korrah, Post- Korrah, District- Hazaribag, Jharkhand.

2.

Shambhu Mahto Son of Late Baijnath Mahto @ Guddu Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Department of Law. 2.

The Registrar Civil Court Dist.- Samastipur.

3.

Satyendra Narayan Mahto Son of Jagranath Mahto @ Thakkan Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur. 4.

Birendra Kumar Mahto Son of Jagranath Mahto @ Thakkan Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur. 5.

Suraj Narayan Mahto Son of Jagarnath Mahto @ Thakkan Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur. At present Resident of Village and P.O.- Singhiya, P.S.- Bibhutipur, DistrictSamastipur. 6.

Arbind Mahto Son of Jagarnath Mahto @ Thakkan Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur. At present Resident of Village and P.O.- Singhiya, P.S.- Bibhutipur, District- Samastipur. 7.

Shambhu Mahto Son of Baidhnath Mahto @ Guddu Mahto Resident of Village and P.O. and P.S.- Bithan, Sub-Division and Sub- Registry Rosera, District- Samastipur.

8.

Shankar Mahto Son of Baidhnath Mahto @ Gaddu Mahto Resident of Village and P.O. and P.S.- Bithan, Sub-Division and Sub- Registry Rosera, District- Samastipur.

9.

Mostt. Shivarti Devi W/o Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur.

10.

Krishnadeo Mahto Son of Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur.

11.

Birendra Mahto Son of Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur.

12.

Mostt. Champa Devi W/o Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, DistrictSamastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur. 13.

Binod Kumar Mahto Son of Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, DistrictSamastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur.

Patna High Court C.Misc. No.354 of 2022(4) dt.08-10-2024 2/3 14.

Manoj Kumar Mahto Son of Late Raj Kumar Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, DistrictSamastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur. 15.

Dhanwanti Devi W/o Late Braj Kishore Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, DistrictSamastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur. 16.

Santosh Kumar Son of Braj Kishore Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, District- Samastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur. 17.

Sushil Kumar Son of Braj Kishore Mahto Resident of Village and P.O. and P.S.- Bithan, Sub- Division and Sub- Registry Rosera, District- Samastipur. At present Village Fakuli, P.O.- Goroul, P.S.- Kudhani, DistrictMuzaffarpur. 18.

Ranjit Kumar Mahto Son of Ram Chandra Mahto Resident of Village and P.O. and P.S.- Bithan, District- Samastipur.

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

For the Petitioner/s :

None For the Respondent/s :

Mr. Prashant Pratap (GP2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2024 On call, none appears on behalf of the petitioners. However, learned counsel for the State is present.

2. Perusal of record shows the present petition has been filed for directing the learned Sub Judge-Ist, Rosera to dispose of Title Suit No. 138 of 2011 at the earliest. It also appears from the petition that the evidence of the plaintiff has been recorded and thereafter the matter has been coming up for recording of the evidence of defendants/respondents. The plaintiffs/petitioners are aggrieved by the fact that the learned trial court has been giving adjournments in very casual manner.

Patna High Court C.Misc. No.354 of 2022(4) dt.08-10-2024 3/3

3. Since the petitioners have approached this Court with limited prayer for early disposal of Title Suit No. 138 of 2011 filed by the petitioners as plaintiffs for declaration of his 1⁄4 share in the suit land, I do not think any useful purpose would be served in continuing with the present petition.

4. The learned trial court is directed to dispose of the Title Suit No. 138 of 2011 at the earliest and preferably within a period of six months from the date of receipt/production of a copy of this order since it is a suit of the year 2011, if not already disposed of.

5. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) balmukund/- U