Patna High Court - Orders
Shiva Narayan Yadav And Ors vs The State Of Bihar And Ors on 26 June, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7752 of 2014
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Shiva Narayan Yadav and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 7922 of 2014
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Shiva Narayan Yadav and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8539 of 2014
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Shiva Narayan Yadav and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7752 of 2014)
For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-6
(In Civil Writ Jurisdiction Case No. 7922 of 2014)
For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate
For the Respondent/s : Mr. Tej Bahadur Singh
(In Civil Writ Jurisdiction Case No. 8539 of 2014)
For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate
For the Respondent/s : Mr. Manoj Kumar Sinha, A.C. to G.A.-9
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-06-2023Learned counsel for the petitioners and learned counsel for the State are present.
The above three writ petitions are filed challenging Patna High Court CWJC No.7752 of 2014(2) dt.26-06-2023 2/6 the composite order dated 31st March, 2014 in BLT Case No. 96 of 2013 with BLT Case No. 97 of 2013 with BLT Case No. 99 of 2013.
Learned counsel for the petitioners submits that since three BLT case nos. 96 of 2013, 97 of 2013 and 99 of 2013 have been disposed off by a common order, therefore, three different writ petitions bearing CWJC No. 7752 of 2014, CWJC No. 7922 of 2014 and CWJC No. 8539 of 2014 were filed but due to inadvertence in paragraph-1 of all the three writs BLT Case No. 96 of 2013 has been typed. Therefore, he seeks permission to remove the BLT Case Number in CWJC No. 7922 of 2014 and CWJC No. 8539 of 2014 and add correct BLT Case Number.
Permission granted.
Counsel for the petitioners is directed to make necessary correction in course of the day.
Re: I.A. No. 2378 of 2016 in CWJC No. 7752 of 2014 The present I.A. has been filed with a pleading that name of Gajanan Mishra S/o Gangadhar Mishra is present in the BLT Case No. 96 of 2023 from which the present writ petition has been filed but due to mistake his name has been left out, therefore, in the interest of justice, his name should be added as respondent no.9.
Patna High Court CWJC No.7752 of 2014(2) dt.26-06-2023 3/6 Learned counsel for the petitioners submits that in the first paragraph, request of addition of party respondent no.9 has been made but in the 2nd paragraph and prayer portion request for deletion of his name has been made. Counsel further submits that the word deletion has been inadvertently typed instead of word added. He seeks permission to correct the same in the pleading.
After going through the BLT order, it transpires that name of Gajanan Mishra is present in party column, therefore, it is necessary that his name should be added in the writ petition and hence, this I.A. is allowed. Counsel for the petitioner is also directed to add the name of Gajanan Mishra S/o Gangadhar Mishra in the writ petition as party respondent no.9 with address.
Re: I.A. No. 2573 of 2017 in CWJC No. 7752 of 2014 The above mentioned I.A. has been filed to expunge the name of respondent no.5 Pramila Mishra w/o Gangadhar Mishra who died on 14.03.2017 and name of her heirs are already on the record of this case and right to sue survive.
Learned counsel for the State has no objection. In this background, the present I.A. No. 2573 of 2017 is allowed and the name of deceased respondent no.5 is directed to Patna High Court CWJC No.7752 of 2014(2) dt.26-06-2023 4/6 be deleted from the writ petition.
Re: I.A. No. 8191 of 2014 in CWJC No. 7922 of 2014 The present Interlocutory Application has been filed for substitution of respondent no.5 who died during pendency of the writ petition on 14.07.2014. The petitioners came to the knowledge about his death only on 20.10.2014. The details of name of heirs is present in paragraph-2 of the I.A. petition.
Learned counsel for the petitioners submits that due to inadvertence the father's name and address could not be typed in paragraph-2 of the said I.A.. He seeks permission to correct the same in course of the day.
In the light of the submissions made above, counsel for the State has no objection in substitution.
Therefore, substitution petition is hereby allowed. It is directed that at the place of respondent no.5 name of his heirs and legal representative mentioned in paragraph-2 of the I.A. be added.
Re: I.A. No. 2380 of 2016 in CWJC No. 7922 of 2014 The present I.A. has been filed for deleting the name of respondent nos. 6, 7 and 8 from the writ petition.
Learned counsel for the petitioners submits that the present writ petition has arisen from BLT Case No. 97 of 2013. Patna High Court CWJC No.7752 of 2014(2) dt.26-06-2023 5/6 In the said BLT case there is only one petitioner and names of respondent nos. 6, 7 and 8 have been unnecessarily added. Therefore, an order may be passed to delete the name of respondent nos. 6, 7 and 8 from the respondent column.
Upon going through the order sheet of BLT Case No. 97 of 2013, it transpires that only Narayan Mishra is the petitioner, rest respondent nos. 6, 7 and 8 of the writ petition has nothing to do from the BLT Case No. 97 of 2013.
In this view of the matter, the present I.A. is hereby allowed. It is directed that name of respondent nos. 6, 7 and 8 be deleted from the writ petition.
Re: I.A. No. 2379 of 2016 in CWJC No. 8539 of 2014 The present I.A. has been filed for deleting the names of respondent nos. 8, 9 and 10 which have been wrongly added in the column of respondent and shall served no purpose. Due to the reason that the present writ petition has been filed for setting aside the order passed in BLT Case No. 99 of 2013 and in the said BLT Case present respondent nos. 8, 9 and 10 were not party.
Learned counsel for the State has no objection for the same.
Upon going through the copy of writ petition and order Patna High Court CWJC No.7752 of 2014(2) dt.26-06-2023 6/6 passed in BLT Case No. 99 of 2013, it transpires that the argument of the counsel is correct, therefore, it is directed that names of respondent nos. 8, 9 and 10 be deleted from the writ petition of the present writ.
Office is directed to do the needful and make necessary correction in the writ petitions as well as do the needful so that name of parties in the light of the orders passed in I.A. petitions be correct/modified in the cause title as well as in the soft copy.
List these cases on 07.07.2023 at the top of the list under the heading for orders.
(Dr. Anshuman, J.) ravishankar/-
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