Syed Gulam Rabbani Hussain v. The State Of Bihar And ORS

Patna High Court CWJC No.5764 of 2016 (2) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5764 of 2016 ====================================================== Syed Gulam Rabbani Hussain .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Gp5- Rajiv Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-04-2016 Heard the learned counsel, Mr. Shashi Bhushan Singh, for the petitioner.

This application has been filed under Article 227 of the Constitution of India for issuance of a writ in the nature of Mandamus, directing the respondent to dispose of injunction application filed by the petitioner in partition suit No.1293 of 2013. It may be mentioned here that the Hon'ble Supreme Court in the case of Shalini Shyam Shetty vs. Rajendra Shankar Patil (2010) 8 SCC 329 has held that 'no writ is issued under Article 227 of the Constitution of India by the High Court.'

Therefore, the relief claimed by the petitioner is not maintainable under application under Article 227 of the Constitution of India. Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U