Tara Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20093 of 2016 ====================================================== 1.

Tara Devi Wife of Late Chhote Lal Sah 2.

Pappu Sah Son of Late Chhote Lal Sah 3.

Amod Sah Son of Late Chhote LAl Sah All residents of village-Saharsa, Patel Nagar, Ward No.31, under Nagar Parishad, Saharsa, P.S.-Saharsa, District-Saharsa.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Law Secretary Department, Government of Bihar, Patna 2.

The District and Session Judge, Saharsa.

3.

The Sub Judge I, Saharsa 4.

Rajendra Sah son of Late Jagdev Sah resident of Mohalla-Patel Nagar. House No.31, Under NAgar Parishad, P.S and District-Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Smt. Kumari Amrita- Gp3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2023 The present writ petition has been filed seeking the following relief:- "1.That the present writ petition has been preferred for issuance of writ/writs, order / orders, direction / directions, to the respondents court below to take step in accordance with law for disposal of the matter, which is pending by way of Title Suit No. 290/2009, almost about six years will complete, but the entire suit is on the possession when it was filed in the year 2009 only due to motivated interest of the concerned party and lack of judicial discretion, so that the

Patna High Court CWJC No.20093 of 2016(2) dt.10-04-2023 2/2 suit may be decided earliest possible time framed."

Considering the nature of relief sought for in the present writ petition as also considering the fact that the earlier writ petition, filed by the petitioner, seeking same and similar reliefs was dismissed, by an order dated 11.4.2016, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioners to diligently prosecute the pending title suit in question, in case the same has not already been disposed off. (Mohit Kumar Shah, J) Ajay/- U