Patna High CourtCWJC/19813/2015dismissed

Anil Kumar v. State Of Bihar Through The Principal Secretary, Deptt. Of Industries, Govt. Of Bihar, Patna And ORS

2016-09-17Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19813 of 2015 =========================================================== Anil Kumar S/o Late Deonandan Singh R/o Village Jemera, P.O. Tilrath, P.S. Barauni, District - Begusarai.

.... .... Petitioner

Versus

1. State of Bihar through the Principal Secretary, Department of Industries, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Industries, Govt. of Bihar, Patna.

3. The Director of Industries, Govt. of Bihar, Patna.

4. Managing Director, Bihar Industrial Area Development Authority, Gandhi Maidan, Patna.

5. The Director, Rehabilitation, Barauni Refinery Project at Hatidah.

6. The Executive Director, Bihar Industrial Area Development Authority, Darbhanga.

7. Industries Promotion Officer, Darbhanga.

8. The Accountant General (A & E), Bihar, Patna.

9. The Treasury Officer, Begusarai.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar Sinha, Advocate For the State :

Ms. B. Kumari For the A.G.

Mr. Anjani Kumar Saran, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-09-2016 Writ court is a wrong forum with regard to the dispute raised by the petitioner. He has already got a succession certificate in his favour. Let the same be utilized or enforced through a civil court of competent jurisdiction. There are certain grey areas which does not satisfy the Court about the bona fide of the petitioner being the

Patna High Court CWJC No.19813 of 2015 dt.17-09-2016 2 / 2 rightful claim but that is another issue which is not required to be gone into. The succession certificate also seems to have been managed and obtained from a civil court because the narration of the parties to the said proceeding itself indicates that it was a case of fixed match.

Writ is dismissed.

(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 19.09.2016 Transmission Date