Shyam Kishor Prasad v. The State Of Bihar Through The Collector,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1116 of 2024 ====================================================== Shyam Kishor Prasad Son of Late Dev Nandan Prasad Resident of Urmila Villa, Surya Mandir Road, Sahapur, P.S. Aurangabad, District Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Aurangabad, District Aurangabad. 2.

The Central Government of India, Central Excise Department, Patna. 3.

The Superintendent of Excise, Excise Department, Aurangabad. 4.

Santosh Kumar Jaiswal Son of Sri Kripa Shankar Jaiswal Resident of Mohalla Lalpur, P.S. Lalpur, District Ranchi (Jharkhand). 5.

Ramesh Kumar Tiwary Son of Late Jamuna Tiwary Resident of 532, Nehru Nagar, Patliputra, Patna, holding Power of Attorney of Jagat Narain Jaiswal, Son of Late Laxmi Narain Jaiswal and others 6.

Shiv Narain Jaiswal Son of Laxmi Narain Jaiswal Resident of H.B. Road, Lalpur, P.S. Lalpur, District- Ranchi.

7.

Jagat Narain Jaiswal Son of Laxmi Narain Jaiswal Resident of H.B. Road, Lalpur, P.S. Lalpur, District- Ranchi.

8.

Naveen Kumar Jaiswal Son of Late Prabhu Shankar Resident of H.B. Road, Lalpur, P.S. Lalpur, District- Ranchi.

9.

Deo Narain Jaiswal Son of Late Ram Narain Jaiswal Resident of H.B. Road, Lalpur, P.S. Lalpur, District- Ranchi.

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

For the Petitioner/s :

Mr.Rahul Kumar, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-10-2024 The record has been taken up on mentioning being made on behalf of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner is respondent no. 8 before the learned first appellate court in Title Appeal Nos. 18 of 2018 and 21 of 2018, both pending before learned District Judge, Aurangabad. Learned

Patna High Court C.Misc. No.1116 of 2024(2) dt.25-10-2024 2/3 counsel further submits that though a number of hearings have taken place in the appeals, the appeals have not been disposed of till date. Learned counsel further submits that the entire order sheet of the first appellate court have been annexed. From perusal of the order sheets it appears that the appellants have been delaying the disposal of the appeals and repeatedly adjournments have been sought and allowed in favour of the appellants. Learned counsel further submits that the petitioner has approached this Court with a prayer for early disposal of the appeals.

3. Since the petitioner has filed the present petition with prayer for early disposal of the appeals in which the petitioner is respondent no. 8, there appears no need to issue notice to the respondents.

4. At this stage, learned counsel for the petitioner submits that the contesting respondents are State respondents and they have already served the copies but no one appears for the State respondents.

5. In the light of aforesaid facts and circumstances, the learned District Judge, Aurangabad is directed to take steps for early disposal of Title Appeal Nos. 18 of 2018 and 21 of 2018 and try to dispose of the same within a month from the

Patna High Court C.Misc. No.1116 of 2024(2) dt.25-10-2024 3/3 date of receipt/production of a copy of this order without granting unnecessary adjournment to either of the parties since it appears from the copy of the order sheet that the hearing has taken place on a number of occasions.

6. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U