Patna High CourtCWJC/11147/2014dismissed

Ram Vilash Ram v. The State Of Bihar And ORS

2017-12-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11147 of 2014 =========================================================== Ram Vilash Ram Son of Hari Ram Resident of Village- Gorigawa, Post Office and Police Station- Mahua, District- Vaishali At Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Department of Home ( Special), Govt. of Bihar, Patna.

3. The Commissioner, Tirhut Division, Muzaffarpur.

4. The District Magistrate, Vaishali at Hajipur.

5. The Superintendent of Police, Vaishali at Hajipur. null null

6. The Executive Officer, Chokidar, Hajipur. null null

7. The Circle Officer, Mahua, District- Vaishali at Hajipur.

8. The Officer In- Charge, Police Station- Mahua, District- Vaishali at Hajipur.

9. Suresh Ram Son of Hari Lal Ram Resident of Village Gorgawa, Police StationMahua, District- Vaishali at Hajipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP 27. =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 05-12-2017 Heard counsels for the petitioner and the State. The petitioner had earlier approached this Court for the same relief as prayed in the instant writ petition. Vide order dated 25.06.2010 passed in C.W.J.C. No. 689 of 2004, the said writ petition was dismissed as not pressed.

In view of the fact that the counsel for the petitioner had informed the Court in the said writ application that he has already got the relief prayed for, this duplicate proceeding has been initiated contending that actually the petitioner has not got relief and the said

Patna High Court CWJC No.11147 of 2014 dt.05-12-2017 2/2 order has been passed on the basis of some misconception. Be that as it may since the writ petition has been dismissed on the earlier occasion without any liberty to the petitioner, duplication of the writ proceeding for the same relief by the same petitioner, in the opinion of this Court is not maintainable. However, It would be open to the petitioner to avail other remedy available to him in accordance with law.

The writ petition is dismissed.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 07.12.2017 Transmission Date