Bigan v. The Estate Of Nagina Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1248 of 2023 ====================================================== Bigan Son of Jai Murti Devi and Ram Vyas Yadav, resident of Village - Rampur Nagwan, P.S. Paliganj, District - Patna. ... ... Petitioner/s

Versus

1.

The Estate of Nagina Yadav Village Rampur Nagwan, P.S. Paliganj, District Patna 2.

Ashwani Kumar, Head Clerk of Account Office, Civil Court, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan Prasad,Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner.

2. The instant petition has been filed under Article 227 of the Constitution of India seeking direction to the Head Clerk, Nazarat, Civil Court, Patna to comply the orders of learned Additional District Judge 1st, Danapur.

3. Learned counsel for the petitioner submits that the petitioner deposited an amount of Rs.203.50 and Rs. 1729.80 through two treasury challans in the court of learned

Patna High Court C.Misc. No.1248 of 2023(3) dt.16-05-2024 2/3 Additional District Judge 1st, Danapur. Learned counsel further submits that in Title Suit No. 20 of 2006, arising out of L.A. Case No. 51 of 2003, judgment has been passed on 13.01.2020. The petitioner was granted Letters of Administration for the property covered under the Will of the mother of the petitioner and the directed to furnish requisites. The Head Clerk of Nazarat, Civil Court, Patna did not comply the order of learned Additional District Judge 1st, Danapur as the treasury voucher challan was torn so the treasury voucher challan number could not be ascertained and for this reason, the requisites were not furnished. Learned counsel further submits that the petitioner approached to the Court concerned but nothing was done and thereafter, the petitioner filed Misc. Case No. 71 of 2021 before the District Judge, Patna but no effective orders have been passed.

4. From bare perusal, the present petition is not maintainable. However, considering the plight of the petitioner, learned District Judge, Patna is directed to look into the matter and pass appropriate order in Misc. Case No. 71 of 2021. The learned District Judge, Patna is further directed to ensure that the petitioner does not face any further hardship on account of any administrative laches.

Patna High Court C.Misc. No.1248 of 2023(3) dt.16-05-2024 3/3

5. With the aforesaid directions, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U