Dinesh Kumar v. The Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12758 of 2015 ====================================================== Dinesh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Jayaswal For the Respondent/s : Mr. Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-12-2015 Heard the lenred counsel for the petitioner on the interlocutory application No.7068 of 2015 and heard the learned counsel, Mr. Ankit Katriyar on behalf of the housing Board. At the time of hearing of this interlocutory application, both the parties submitted that the writ application itself may be heard on merit in admission matter. Accordingly, I heard them on merit in admission matter.

The only grievance of the petitioner is that although the defendants respondents were debarred from the Court below from arguing the case on merit as far back as in the year 2012 but then subsequently, the Court below heard them and without hearing the petitioner fixed the case for judgment in August, 2015. Admittedly, till date the Judgment had not been passed. In view of the above fact, if the petitioner have in fact not been heard by the Court below, the Court below shall give opportunity of

Patna High Court CWJC No.12758 of 2015 (3) dt.04-12-2015 2/2 hearing to the petitioner and thereafter, fixed the case for Judgment. With this direction, this writ application is disposed of.

(Mungeshwar Sahoo, J) Sanjeev/- U T