Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1369 of 2024 ====================================================== Kanti Devi W/O Late Jagpati Narayan Mahto, Resident of Village- Selhauri, Post- Belhauri, P.S.- Dulhin Bazar, District- Patna (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Law Department, Government of Bihar, Patna.

2.

The Incharge Record Civil Court, Patna.

3.

The Registrar Civil Court, Patna Sadar, Patna. 4.

The Office Clerk of Record Room, Sub- Judge (Sr. Division)- VI, Civil Court, Patna.

5.

The Office Clerk of the, Sub- Judge (Sr. Division) XI, Civil Court, Patna. 6.

The Office Clerk of the Sub- Judge- XII, Civil Court, Patna. 7.

The Office Clerk of the, ADJ-XII, Civil Court, Patna. 8.

The Officer Clerk cum Incharge of Record Room, Sub Judge- III, Civil Court, Patna.

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

For the Petitioner/s :

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

Mr. Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-01-2025 Record has been taken up on mentioning being made on behalf of the petitioner

2. The petitioner seeks direction to the authorities of Civil Court, Patna for tracing the original records of Title Suit No. 63 of 1981 and Execution Case No. 01 of 1987 as Misc. Case No. 01 of 2015, which has been filed for restoration of Execution Case No. 01 of 1987, has been pending for last 10

Patna High Court C.Misc. No.1369 of 2024(2) dt.30-01-2025 2/3 years for want of original record. Learned counsel further submits that the petitioner has approached the Registrar of the Civil Court, Patna and also the court concerned, but nothing has been done and the petitioner has been running from pillar to post. Learned counsel prays for direction to authorities for tracing of the record.

3. I do not find that any useful purpose would be served in keeping the matter pending. Hence, learned Principal District Judge, Patna is directed to look into the matter and ensure that the records are traced and sent to the court concerned where Misc. Case No. 01 of 20215 has been pending.

4. The learned Registrar (Vigilance), Patna High Court is directed to get a report from the learned Principal District Judge, Patna about all such records which are not traceable and he is further directed to keep watch over the matter and get monthly report in the present matter as well as in all such matters where the records are traceless and the cases are pending for want of record.

5. Office is directed to communicate the order to learned Principal District Judge, Patna as well as to learned Registrar (Vigilance), Patna High Court along with copy of

Patna High Court C.Misc. No.1369 of 2024(2) dt.30-01-2025 3/3 petition and annexure.

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

(Arun Kumar Jha, J) DKS/- U