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Patna High CourtMJC/500/2016disposed

Barrister Khan And ANR v. The State Of Bihar Through The Collector Of Patna And ORS

2016-03-02Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court MJC No.500 of 2016 (02) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.500 of 2016 In MA 88 of 2015 ====================================================== Barrister Khan & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha--Advocate For the Respondent/s : Mr. Kundan Bhadur Singh-SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-03-2016 Heard learned counsel for the petitioners as well as learned AC to SC-22.

At an earlier occasion vide order dated 22.09.2015, trial was directed to conclude within four months and during the intermediary period, the status quo was directed to be maintained. It has been submitted on behalf of petitioners that he had already concluded his evidence on 02.01.2016 and then thereafter, State is taking adjournment after adjournment whereunder the aforesaid period has been frustrated. Because of the fact that in the aforesaid order, it was also held that in case, there happens to be extension of the period, then in that event, the status quo will not find place. At the present stage, learned AC to SC-22 has submitted that within two months, the State will produce all the witnesses.

Patna High Court MJC No.500 of 2016 (02) dt.02-03-2016 That being so, it is expected at the end of the State/ respondent to stick over the undertaking having tendered at the present stage whereupon, the status quo is extended to the aforesaid period. It is made clear that irrespective of the status of the parties be it a State, the Court has to proceed in accordance with law. Being the State as respondent, will not get any kind of privilege.

Accordingly, instant petition is disposed of in terms thereof.

(Aditya Kumar Trivedi, J) Vikash/- U