Patna High CourtCWJC/10729/2015dismissed

Jitendra Prasad Nayak And ORS v. The State Of Bihar And ORS

2016-05-16Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10729 of 2015 ====================================================== Jitendra Prasad Nayak & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shri Krishna Sinha For the Respondent/s : Mr. Sc31-Pandey S.Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-05-2016 Heard learned counsel Mr. K.B. Nath for the petitioners.

So far the State of Bihar is concerned, it has wrongly been made party in the writ application.

This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners challenging the compromise decree dated 29.01.2014 passed in Title Suit No.385 of 2013.

So far Article 226 of the Constitution of India is concerned, the Hon'ble Supreme Court in the case of Radhey Shyam & Anr Vs. Chhabi Nath & Ors (2015) 5 Supreme Court Cases 423 has held that the Civil Courts are not amenable to writ jurisdiction. Therefore, merely because writ application has been labeled as application under Article 226, this Court has no jurisdiction to issue any writ against the judgment and decree.

Patna High Court CWJC No.10729 of 2015 (3) dt.16-05-2016 So far Article 227 of the Constitution of India is concerned, the petitioners are admittedly not parties to the suit and the suit has been compromised between the parties. In such circumstances, the petitioners, who are strangers to the suit, have no role to play in the compromise decree. If at all it effected right, title and interest of the petitioners with respect to their property, the petitioners may approach before appropriate forum by initiating appropriate proceeding. However, this application under Article 227 challenging the decree passed by the Civil Court is not maintainable.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U