Binay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16689 of 2022 ====================================================== Binay Kumar Sinha Son of Late Nand Kishor Narayan Lal, Resident of Mohalla- Baratpur, P.O.- Aurangabad, Police Station- Aurangabad, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar Patna. 2.

Collector/ District Magistrate, Aurangabad, Bihar. 3.

Deputy Registrar, Registration, Aurangabad, Bihar. 4.

Registrar, Registration, Aurangabad, Bihar.

5.

Executive Magistrate, Aurangabad, Bihar.

6.

S.D.M., Aurangabad, Bihar.

7.

Circle Officer/ Anchaldhikari Nagar, Aurangabad, Bihar. 8.

Superintendent of Police, Aurangabad, Bihar.

9.

Station House Officer, Town Police Station Nagar, Aurangabad, Bihar. 10.

Ashok Kumar Singh, Son of Raghupat Singh, Resident of Village- Kunda, P.O. and P.S.- Aurangabad (Bihar) present Address Rajesh Diagnostics New Area Aurangabad (Bihar).

11.

Murli Manohar Lal, Son of Late Nand Kishor Narayan Lal, Resident of 208 Raja Ram Mohan Rai Complex Ashok Nagar Road No. 11 Kankar Bag, Colony, Patna (Bihar).

12.

Madhumita Lal, Wife of Manoj Kumar, Daughter of Murlimanohar Lal, Resident of 208 Raja Ram Mohan Rai Complex Ashok Nagar Road No. 11 Kankar Bag, Colony, Patna (Bihar).

13.

Usha Sinha, Wife of Late Ajay Kumar Sinha Resident of Biratpur, P.O. and P.S. and District- Aurangabad.

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

For the Petitioner/s :

Mr. Akhilesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner is directed to implead Usha Sinha wife of Late Ajay Kumar Sinha as

Patna High Court CWJC No.16689 of 2022(2) dt.27-08-2024 2/2 Respondent No. 13 during course of the day.

3. Learned counsel for the petitioner submits that the subject matter of the same set of land is the subject matter of the Partition Suit No. 169 of 2019/2014-19 filed by the Respondent No. 13 and in the aforesaid suit, the petitioner has filed a petition under Order 39 Rule 1 of the CPC and the same is pending before the Sub Judge-III, Aurangabad for consideration.

4. Learned counsel for the petitioner submits that the present writ petition may be disposed of with the liberty to the petitioner to pursue the matter in the partition suit which is still pending before the competent Court of law.

5. With the aforesaid liberty, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Vanisha/- U