Sri Ramendra Kumar Agralwal And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.17348 of 2015 (2) dt.26-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17348 of 2015 ====================================================== Sri Ramendra Kumar Agrawal & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Sc29- R.R.K. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-04-2016 Heard the learned counsel for the petitioners. Although, this writ application has been filed under Article 226 of the Constitution, the learned counsel for the petitioners submitted that it may be heard treating it as an application under Article 227 of the Constitution. Accordingly, I heard him.

This application has been filed praying for issuance of a writ to dispose of Eviction Appeal No.14 of 2004(wrongly typed as 14 of 2014 in first paragraph). It may be mentioned here that High Court never issues writ under Article 227 of the Constitution of India.

So far the relief claimed in this petition is concerned, such relief cannot be granted in exercise of supervisory jurisdiction as has been held by the Hon'ble Supreme Court in the case of Radhey Shyam v. Chhabi Nath, (2015) 5 Supreme

Patna High Court CWJC No.17348 of 2015 (2) dt.26-04-2016 Court Cases 423.

Thus, this writ application is dismissed. However, the petitioner is at liberty to press before the lower appellate court for expeditious disposal.

(Mungeshwar Sahoo, J) Saurabh/- U T