Anil Kumar Ajad @ Anil Kumar S v. The State Of Bihar And ORS

Patna High Court CWJC No.20181 of 2011 (8) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20181 of 2011 ======================================================

1. Anil Kumar Ajad @ Anil Kumar Singh S/O Late Ram Das @ Ram Das Mandal Resident Of Village- Shivnagar, P.S- Sangrampur, District- Munger .... .... Petitioner/s

Versus

1. The State Of Bihar Through Collector, Munger.

2. The Block Development Officer, Tetiya, Bambar Office At Kharagpur, District- Munger.

3. The Overseer/ Junior Engineer, Anchal- Tetiya, Bambar Office At Kharagpur, District- Munger.

4. Rakesh Kumar S/O Shivcharan Prasad Contractor Resident Of VillageShivnagar, P.S-Sangrampur (Titiya, Bamber), District- Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, -Advocate For the Respondent/s : Mr. P.K. Verma AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner as well as learned AC to AAG-5.

2. Petitioner is aggrieved by an order dated 22.06.2011 passed in Miscellaneous Appeal No. 03/2010 which was brought up by the petitioner against an order dated 09.04.2010 passed in Title Suit No. 06/2008 whereby and whereunder the learned Appellate Court dismissing the appeal so preferred declined to accede to the prayer of the petitioner in terms of Order XXXIX Rule 1, 2 of the CPC.

3. The suit, admittedly, happens to be of the year 2008 and during intervening period, nothing adverse has been brought up at the behest of the petitioner to suggest that any kind

Patna High Court CWJC No.20181 of 2011 (8) dt.26-02-2016 of infringement of his right has been made or attempted to at the end of respondents.

4. Be that as it may, because of the fact that the suit is of the year 2008, the learned lower court is directed to take up the trial and dispose it of within six months and for that both the parties are directed to co-operate.

5. The learned lower court will not grant any kind of unreasonable adjournment to either of the party.

6. With the aforesaid observation, the instant petition is disposed of. In case of any kind of infringement during aforesaid intermediary period if alleged, at the end of the petitioner, the learned lower court will be at liberty to pass appropriate order.

(Aditya Kumar Trivedi, J) perwez U T