Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10168 of 2015 ====================================================== Sanjay Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit For the Respondent/s : Mr. Aag2-D.K. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner.

This application under Article 227 of the Constitution of India has been filed by the petitioner praying for issuance of a writ in the nature of mandamus directing the Principal Judge, Family Court, Patna to conclude Matrimonial Case No.43 of 2014. It is settled principles of law that the High Court never issues writ under Article 227 of the Constitution of India. So far the claim for a direction is concerned, the same also cannot be granted in exercise of supervisory jurisdiction as the High Court exercises judicial supervision to see the order of the Civil Court whether it is within its jurisdiction or without jurisdiction. Therefore, this application under Article 227 of the Constitution of India is not maintainable and accordingly, it is dismissed. (Mungeshwar Sahoo, J) U Harish/-