Angrez Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.4801 of 2016 (2) dt.19-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4801 of 2016 ====================================================== Angrez Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Respondent/s : Mr. Roy Shivaji Nath- Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-07-2016 Heard the learned counsel, Mr. Akhauri Kamal Kishore Sahay, for the petitioner and the learned counsel, Ms. Divya Verma, for the respondent No.1-State of Bihar.

This application under Article 227 of the Constitution of India has been filed by the petitioner for issuance of writ of Mandamus directing the respondent No.1 forthwith send the record of title suit No.53 of 2000.

The Hon'ble Supreme Court in (2010)8 SCC 329 has held that the High Court never issues writ under Article 227 of the Constitution of India. The Hon'ble Supreme Court again in (2015)5 SCC 423 has held that the Civil Courts are amenable to writ jurisdiction. Thus, this writ application is not maintainable for the relief claimed and accordingly, it is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U