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Patna High CourtC.Misc./624/2025converted

The Managing Director, v. Saumya Saroj

2025-05-16Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.624 of 2025 ====================================================== 1.

The Managing Director, The Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, R. Block, Road No. 2, Patna 2.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Madhepura ... ... Petitioner/s

Versus

Saumya Saroj Son of Sri Bhushan Kumar Saroj, Resident of Village Maranha, P.S. Madhepura, District Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned counsel for the petitioners.

3. The petitioners have sought following relief:- "That the present petition is being filed by the petitioners for transfer the Misc. Case No. 4 of 2021 from Hon'ble Court of District Judge, Patna to Hon'ble Court of District Judge Madhepura or recall Execution Case No. 108 of 2023 from Hon'ble Court of District Judge, Madhepura to Hon'ble Court of District Judge Patna and the petitioner humble pray before his Hon'ble Court to stay the execution

Patna High Court C.Misc. No.624 of 2025(2) dt.16-05-2025 2/2 proceeding in Execution Case No. 108 of 2023. And for issuance of an other order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

4. Apparently, the petitioners have chosen a wrong forum by moving this Court under Article 227 of the Constitution of India. Under the High Court Rules, miscellaneous jurisdiction case is supposed to be filed for transfer of the cases from one district to another district in the State of Bihar.

5. Therefore, learned counsel for the petitioners is directed to convert the present petition into miscellaneous jurisdiction case (MJC), within three weeks.

6. Office is directed to extend all cooperation. (Arun Kumar Jha, J) DKS/- U