Manoj Shankar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.3467 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3467 of 2016 ====================================================== Manoj Shankar Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raju Kumar For the Respondent/s : Mr. Sheo Shankar Prasad- Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner.

This application under Article 227 of the Constitution of India has been filed praying for issuance of an appropriate writ directing the court below to hear the injunction petition filed in T.S. No. 844 of 2014.

The Hon'ble Supreme Court in the case of Radhey Shyam vs. Chabbi Nath reported in 2015 (5) SCC 423 has held that the civil courts are not amenable to writ jurisdiction. Further it appears that in C.W.J.C. No. 2105 of 2016, same prayer was made by the petitioner, which has already been dismissed by this Court on 11.02.2016. Again this application has been filed. In my opinion, the petitioner is trying to take undue advantage of the process of the Court. Therefore, this writ application is dismissed. Heard learned counsel Mr. Satyendra Narayan Singh, for the respondent Nos. 8 and 9 and the learned counsel, Mr.

Patna High Court CWJC No.3467 of 2016 (3) dt.15-07-2016 Mukund Ji for the respondent Nos. 5 on the interlocutory application being I.A. No. 4417 of 2016 filed in this writ application.

For the relief claimed in this interlocutory application itself is not maintainable. Therefore, it is rejected. (Mungeshwar Sahoo, J) brajesh/- U