Rita Roy v. Md. Mumtaj Alam

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2489 of 2020 ====================================================== Rita Roy Wife of Late Ram Bilas Roy, Resident of Tapsya Complex, Boring Road, S.K. Puri, Police Station-S.K. Puri, District-Patna. ... ... Petitioner

Versus

1.

Md. Mumtaj Alam Son of Md. Sajad Alam, Resident of Mohalla-Bari Khanjarpur, Bhagalpur at present tenant in Shop No. 7, on ground floor of "Tapsya Complex" situated at Boring Road, Police Station-Sri Krishnapuri, District-Patna.

2.

Rohit Roy, Son of Late Ram Bilash Roy, 3.

Mamta Roy, Daughter of Late Ram Bilash Roy, 4.

Shali Roy, Daughter of Late Ram Bilash Roy, All 2 to 4 are resident of Tapsya Complex, Boring Road, S.K. Puri, Police Station-S.K. Puri, District-Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2020 The present writ application has been filed under Article 226 of the Constitution of India seeking direction for disposal of Title Eviction Suit No.456 of 2014, which is still pending in the court of Munsif-IInd , Patna.

The Stamp Reporter has pointed out that in view of order dated 24.04.2018 passed in C.W.J.C.No.760 of 2018 this writ application filed under Article 226 of the Constitution is not maintainable.

The office note, in court's opinion, is sustainable. This writ application filed under Article 226 of the

Patna High Court CWJC No.2489 of 2020(2) dt.05-02-2020 2/2 Constitution of India is, accordingly, dismissed as not maintainable with a liberty to the petitioner to make an appropriate application under Article 227 of the Constitution of India.

(Chakradhari Sharan Singh, J) nawalkrs/- U