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Patna High CourtCWJC/11398/2014dismissed

Ram Jatan Prasad Agrawal Andors v. Mostt. Keshri Devi

2016-08-02Mr. Justice V. Nath3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11398 of 2014 ===========================================================

1. Ram Jatan Prasad Agrawal S/o Late Devi Prasad Agrawal

2. Ram Jatan Prasad Agrawal S/o Late Devi Prasad Agrawal

3. Ram Chandra Prasad Agrawal

4. Ram Chandra Prasad Agrawal

5. Shatrughan Prasad Agrawal

6. Shatrughan Prasad Agrawal

7. Dhrub Kumar @ Dhrub Kumar Agrawal

8. Dhrub Kumar @ Dhrub Kumar Agrawal

9. Om Prakash Agrawal

10. Om Prakash Agrawal

11. Ramesh Kumar Agrawal

12. Ramesh Kumar Agrawal

13. Budhdeo Prasad Agrawal

14. Budhdeo Prasad Agrawal

15. Narayan Prasad Agrawal All (2 to 8) are sons of Ram Jatan Prasad Agrawal, All are resident of Mohalla- Ramana, Police Station- Sherghati, District- Gaya

16. Narayan Prasad Agrawal All (2 to 8) are sons of Ram Jatan Prasad Agrawal, All are resident of Mohalla- Ramana, Police Station- Sherghati, District- Gaya .... .... Petitioner/s

Versus

1. Mostt. Keshri Devi W/o Late Rajendra Mahto, Resident of Village and Police Station- Sherghati, District- Gaya

2. Mostt. Keshri Devi W/o Late Rajendra Mahto, Resident of Village and Police Station- Sherghati, District- Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT

Patna High Court CWJC No.11398 of 2014 dt.02-08-2016 Date: 02-08-2016 Heard learned counsel for the petitioner.

2. The present application has been filed in the year 2014 questioning the part of the order dated 01.05.2010 passed in Miscellaneous Case No. 03 of 2013. It has been prayed in the present application that the order dated 01.05.2010 passed in Miscellaneous Case No. 03 of 2013 be quashed to the extent where the learned court below has held that Rajendra Mahto (husband of respondent no. 1) was the Sewait of Three Shivala Temples. From the averments made in the application as well as the submissions on behalf of the parties, it transpires that C.W.J.C No. 10271 of 2010 was filed questioning the legal validity of the same order dated 01.05.2010 passed in Miscellaneous Case No. 03 of 2013. In the said application, also, it further transpires that the present petitioners were respondents. The C.W.J.C No.

10271 of 2010 was allowed in part by order dated 05.02.2013 setting aside the order dated 01.05.2010 so far as it concerned the Petitioner No. 1 of the said application and the direction was issued to the court below to take steps for substitution of Petitioner No. 1 in place of deceased petitioner Rajendra Mahto.

Patna High Court CWJC No.11398 of 2014 dt.02-08-2016 to be raised at present against the same order dated 01.05.2010 which was under challenge in the previous application. There is also no cogent explanation for not questioning the part of the order as raised presently for a long period of more than four years.

3. In the aforesaid facts and circumstances of the case, this Court is not inclined to exercise its jurisdiction under Article 227 of the Constitution of India.

4. The application is accordingly dismissed.

5. The petitioners, however, shall be at liberty to raise their objections under Section 105 of the C.P.C in accordance with law.

(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.09.16 Transmission Date N.A.