Umesh Kumar Tiwary @ Umesh Kumar Tiwari v. The Honble Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15448 of 2022 ====================================================== Umesh Kumar Tiwary @ Umesh Kumar Tiwari son of Mohani Gopal Tiwari, resident of Vivekanand Colony, Kashi Bazar, P.O. and P.S.- Bhagwan Bazar, District- Saran at Chhapra.

... ... Petitioner/s

Versus

1.

The Honble Patna High Court through its Registrar General, Patna High Court, Patna.

2.

Registrar General, Patna High Court 3.

District and Sessions Judge, Saran at Chapra. 4.

Subordinate Judge- III, Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Piyush Lall ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). Issuance of a direction, order or writ including writ in the nature of mandamus commanding the Hon'ble Patna High Court in its administrative jurisdiction to conduct a proper enquiry by appointing competent and appropriate authority against illegal manipulation of the order sheet from the date of 20/02/2021 to 25/02/2021 (manipulated date) of a case bearing Title (Partition) Suit No. 427 of 2015, pending before Sub Judge III, Saran at Chapra, followed by an appropriate legal proceeding(s), in pursuant to findings of the said enquiry of appropriate and competent

Patna High Court CWJC No.15448 of 2022(2) dt.11-05-2023 2/3 authority, against the then Sub Judge-III, Saran at Chapra, alongwith the then Bench Clerk of Sub Judge III, Saran at Chapra, for their illegal act of manipulating the order sheet of the Partition Suit No. 427 of 2015, pending before Sub Judge III, Saran at Chapra, and thereafter, the persons held responsible for the aforesaid manipulation may be punished in accordance with law;

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the Hon'ble Patna High Court on its administrative jurisdiction to conduct a proper enquiry by competent authority with assistance of authorized handwriting expert to discover the person who wrote the order sheet of Title (Partition) Suit No. 427 of 2015 on the alleged dates of manipulation and thereupon an appropriate legal proceeding(s) may be initiated against the liable persons who were indulge in writing of the alleged order by a person who was not authorized to do so alongwith the persons who let the unauthorized person to writ the order sheet."

At the outset, the learned counsel for the petitioner submits that the petitioner would be filing a copy of the complaint, duly supported by an affidavit, sworn by the

Patna High Court CWJC No.15448 of 2022(2) dt.11-05-2023 3/3 petitioner before the Registrar General of this Court, whereupon it may be directed that appropriate enquiry be made on the Administrative side.'

The learned counsel appearing for the Hon'ble Patna High Court has got no objection.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file appropriate complaint, duly supported by an affidavit, before the Registrar General of this Court, who shall then process the same forthwith, as per the procedure in vogue, on the Administrative side.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U