← Library
Patna High CourtMJC/3106/2024disposed

Chandan Kumar Singh v. Nagendra Pandey

2024-11-29Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3106 of 2024 In CIVIL MISCELLANEOUS JURISDICTION No.44 of 2023 ====================================================== Chandan Kumar Singh Son of Late Kamleshwari Prasad Singh Resident of Mohalla- Shivpuri Behind Bal Bharti School Police Station-K. Hat (Maranga) District-Purnea.

... ... Petitioner/s

Versus

1.

Nagendra Pandey Son of Late Rooplal Pandey Resident of Mohalla- Bari Hat, Police Station-K.Hat, District-Purnea.

2.

Babloo Kumar Singh Son of Sri Ganesh Prasad Singh Resident of VillageDumra, Police Statlion-Bhawanipur, District-Purnea, at Present Sipahi Tola, Police Station-K. Hat, District-Purnea.

3.

Sanoj Kumar Singh Son of Gajendra Prasad Singh Resident of VillageDumra, Police Statlion-Bhawanipur, District-Purnea, at Present Sipahi Tola, Police Station-K. Hat, District-Purnea.

4.

Gautam Kumar Singh Son of Arvind Prasad Singh Resident of Chitrawani Road Bhatta, Police Station-K. Hat, District-Purnea. 5.

Bijay Kumar Singh Son of Balbhadra Singh Resident of Sipahi Tola, Police Station-K. Hat, District-Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate Mr. Varun Krishna Singh, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner.

2. The petitioner has approached this Court seeking modification of the judgment dated 04.07.2024 passed in Civil Miscellaneous Jurisdiction No. 44 of 2023, whereby and whereunder the petitioner was allowed to repair his residential house, boundary wall, toilet, bathroom and the structure which were existing at the time of submission of first report of the learned Pleader Commissioner within two months from the date

Patna High Court MJC No.3106 of 2024(2) dt.29-11-2024 2/2 of the order.

3. Learned counsel for the petitioner submits that due to the delaying tactics adopted by the opposite parties/respondents, the petitioner has not been able to repair the premises as the opposite parties/respondents took help of the police in causing hindrance and for this reason, the petitioner was compelled to move before learned trial court to take suitable action against the police officials and cost of Rs.5,000/- was imposed on them for obstructing the petitioner in carrying out the repair work of the premises.

4. Without going into the further details, the judgment dated 04.07.2024 passed in Civil Miscellaneous Jurisdiction No. 44 of 2023 is modified and further time of two months as mentioned in paragraph 7 of the aforesaid judgment is granted to the petitioner to be counted from today.

5. With the aforesaid observation and direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U