Kirat Giri And ANR v. Mosmatt. Shiva Devi And ORS

Patna High Court CWJC No.3486 of 2016 (2) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3486 of 2016 ====================================================== Kirat Giri & Anr .... .... Petitioner/s

Versus

Mosmatt. Shiva Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-07-2016 Heard learned Senior counsel, Mr. Alok Kumar, appearing for the petitioners.

2.

Prayer has been made in this writ application under Article 227 of the Constitution of India for issuance of a writ directing the respondent Nos. 1 and 2 to revive T.S. No. 115 of 1976, which has already been abated in view of the provision of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

3.

It may be mentioned here that while exercising jurisdiction under Article 227 of the Constitution of India, the High Court never exercises original jurisdiction. 4.

In such circumstances, there is no question of exercising judicial supervisory jurisdiction arises. Accordingly, this writ application is dismissed. However, the petitioner may, if so advised, move before the court below.

brajesh/- (Mungeshwar Sahoo, J) U