Patna High Court - Orders
Dr. Mrs Shahida Hasan vs The State Of Bihar & Ors on 11 February, 2015
Author: V.N. Sinha
Bench: V.N. Sinha, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1636 of 2012
In
Civil Writ Jurisdiction Case No. 7347 of 2007
======================================================
Bahar Murtaza Ali & Ors.
.... .... Petitioners-Appellants
Versus
The State of Bihar & Ors
.... .... Respondents
======================================================
with
Letters Patent Appeal No.1871 of 2012
======================================================
The Muzaffarpur Properties Pvt. Ltd
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
with
Letters Patent Appeal No.1931 of 2012
======================================================
The State of Bihar & Ors
.... .... Appellant/s
Versus
The Muzaffarpur Properties Pvt. Ltd
.... .... Respondent/s
======================================================
with
Letters Patent Appeal No.444 of 2013
======================================================
Dr. Mrs Shahida Hasan
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
with
Letters Patent Appeal No.1335 of 2013
IN
Civil Writ Jurisdiction Case No. 15635 of 2009
======================================================
The State of Bihar & Ors
.... .... Appellant/s
Versus
The Muzaffarpur Properties Pvt. Ltd
.... .... Respondent/s
======================================================
Appearance :
(In LPA No.1636 of 2012)
For the Appellant/s : Mr. Sanjay Kumar Ojha, Advocate
For the State : Mr. Dhurjati Kumar Prasad, G.P.-7
Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015
2/10
(In LPA No.1871 of 2012)
For the Appellant/s : Mr.
For the Respondent/s : Mr.
(In LPA No.1931 of 2012)
For the Appellant/s : Mr.
For the Respondent/s : Mr.
(In LPA No.444 of 2013)
For the Appellant/s : Mr.
For the Respondent/s : Mr.
(In LPA No.1335 of 2013)
For the Appellant/s : Mr.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE V.N. SINHA)
22 11-02-2015Letters Patent Appeal No. 1636 of 2012 Re: I.A. No. 5743 of 2013 I.A. No. 5743 of 2013 shall be considered at the time of admission of the appeal, as thereunder Tehmina Imam @ Tehmina Imam Punvani has prayed for her substitution in the appeal vice deceased appellant claiming herself to be a legatee under Will dated 14.04.2013, which is neither registered nor probated so far.
Re: I.A. No. 6479 of 2013 By filing I.A. No. 6479 of 2013, Shahnaz Ali and Seher Ali claiming themselves to be the wife and daughter of Late Faiz Murtaza Ali, appellant herein have applied for substitution stating that Faiz Murtaza Ali died on 20.06.2013 Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 3/10 leaving behind the heirs and legal representatives mentioned in paragraph 3 of the interlocutory application including the mother of Late Faiz Murtaza Ali.
Let the name of appellant Late Faiz Murtaza Ali be expunged from the array of the parties and in his place his heirs and legal representatives as mentioned in paragraph 3 of the interlocutory application be substituted in this appeal as:
Appellant No. 1(i) - Bahar Murtaza Ali Appellant No. 1(ii) - Shahnaz Ali Appellant No. 1(iii) - Seher Ali Aforesaid heirs and legal representatives are substituted, subject to the objection, if any, to be raised in future and without prejudice to the rights of the parties in the properties of Late Faiz Murtaza Ali.
I.A. No. 6479 of 2013 is, accordingly, disposed of. Re: I.A. No. 6040 of 2014 I.A. No. 6040 of 2014 has been filed by the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna praying, inter alia, to be impleaded as respondent in the appeal for being heard in opposition to the prayer made in the appeal.
Let the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna be also heard in opposition to Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 4/10 the prayer made in the appeal.
I.A. No. 6040 of 2014 is, accordingly, disposed of. Re: I.A. No. 8003 of 2014 I.A. No. 8003 of 2014 shall be considered at the time of admission of the appeal.
Letters Patent Appeal No. 1871 of 2012 Re: I.A. No. 7174 of 2014 By filing I.A. No. 7174 of 2014, appellant has prayed for substitution of heirs and legal representatives vice deceased Respondent no.8 who died on 20.06.2013.
Let the name of original Respondent no.8 be expunged from the array of the parties and in his place, his heirs and legal representatives i.e. his mother, wife and daughter mentioned in paragraph 4 of the interlocutory application be substituted as:
Respondent No. 8 - Bahar Murtaza Ali Respondent No. 9 - Shahnaz Ali Respondent No. 10 - Seher Ali I.A. No. 7174 of 2014 is, accordingly, disposed of. Re: I.A. No. 6776 of 2013 For relief prayed for in I.A. No. 7174 of 2014, I.A. No. 6776 of 2013 has also been filed by Respondent no.7 which shall be considered at the time of admission of the Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 5/10 appeal.
I.A. No. 6042 of 2014 I.A. No. 6042 of 2014 has been filed by the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna praying, inter alia, to be impleaded as respondent in the appeal for being heard in opposition to the prayer made in the appeal.
Let the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna be also heard in opposition to the prayer made in the appeal.
I.A. No. 6042 of 2014 is, accordingly, disposed of. I.A. No. 3206 of 2014 I.A. No. 3206 of 2014 has been filed by Syed Askari Hadi Ali Augustine Imam @ Tootoo Imam for allowing him to intervene in the matter as respondent.
Aforesaid interlocutory application shall be considered at the time of admission of the appeal.
Re: I.A. No. 8006 of 2014 I.A. No. 8006 of 2014 shall be considered at the time of admission of the appeal.
Letters Patent Appeal No. 1931 of 2012 Re: I.A. No. 8221 of 2014 By filing I.A. No. 8221 of 2014, appellant has Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 6/10 prayed for substitution of heirs and legal representatives vice deceased Respondent no.4 who died on 20.06.2013.
Let the name of original Respondent no.4 be expunged from the array of the parties and in his place, his heirs and legal representatives i.e. his mother, wife and daughter mentioned in paragraph 7 of the interlocutory application be substituted as:
Respondent No. 4 - Bahar Murtaza Ali Respondent No. 5 - Shahnaz Ali Respondent No. 6 - Seher Ali Respondent No. 7 - Mrs. Roohani Mrs. Tehmina Imam @ Tehmina Imam Punvani is already Respondent no.3.
I.A. No. 8221 of 2014 is, accordingly, disposed of. In view of the order passed on I.A. No. 8221 of 2014, I.A. No. 6777 of 2013 is disposed of.
Re: I.A. No. 6041 of 2014 I.A. No. 6041 of 2014 has been filed by the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna praying, inter alia, to be impleaded as respondent in the appeal for being heard in opposition to the prayer made in the appeal.
Let the Bihar State Shia Wakf Board through its Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 7/10 Chief Executive Officer, Patna be also heard in opposition to the prayer made in the appeal.
I.A. No. 6041 of 2014 is, accordingly, disposed of. Re: I.A. No. 8393 of 2014 I.A. No. 8398 of 2014 is disposed of in the light of the order passed in connection with I.A. No. 8221 of 2014.
I.A. No. 8393 of 2014 is, accordingly, disposed of. Re: I.A. No. 8004 of 2014 I.A. No. 8004 of 2014 shall be considered at the time of admission of the appeal.
Letters Patent Appeal No. 444 of 2013 Re: I.A. No. 2595 of 2013 By filing I.A. No. 2595 of 2013, appellant has prayed for condoning the delay of 65 days in filing the present appeal.
Having considered the grounds taken in the limitation application, we are satisfied that the appellant was prevented by sufficient cause in not preferring the appeal within time.
In the circumstances, delay in filing the present appeal is condoned and I.A. No. 2595 of 2013 is allowed.
Re: I.A. No. 6038 of 2014 I.A. No. 6038 of 2014 has been filed by the Bihar Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 8/10 State Shia Wakf Board through its Chief Executive Officer, Patna praying, inter alia, to be impleaded as respondent in the appeal for being heard in opposition to the prayer made in the appeal.
Let the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna be also heard in opposition to the prayer made in the appeal.
I.A. No. 6038 of 2014 is, accordingly, disposed of. Re: I.A. No. 9330 of 2014 By filing I.A. No. 9330 of 2014, appellant has applied for impleading the heirs and legal representatives of deceased Faiz Murtaza Ali mentioned in paragraph 5 of the interlocutory application.
Let the heirs and legal representatives as mentioned in paragraph 5 of the interlocutory application be impleaded in the present appeal as:
Respondent No. 6 - Bahar Murtaza Fazal Ali Respondent No. 7 - Shahnaz Ali Respondent No. 8 - Seher Ali Aforesaid heirs and legal representatives are impleaded, subject to the objection, if any, to be raised in future and without prejudice to the rights of the parties in the properties of Late Faiz Murtaza Ali. Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015 9/10
I.A. No. 9330 of 2014 is, accordingly, disposed of. Re: I.A. No. 8007 of 2014 I.A. No. 8007 of 2014 shall be considered at the time of admission of the appeal.
Letters Patent Appeal No. 1335 of 2013 Re: I.A. No. 7606 of 2013 By filing I.A. No. 7606 of 2013, appellant has prayed for condoning the delay of 67 days in filing the present appeal.
Having considered the grounds taken in the limitation application, we are satisfied that the appellant was prevented by sufficient cause in not preferring the appeal within time.
In the circumstances, delay in filing the present appeal is condoned and I.A. No. 7606 of 2013 is allowed.
Re: I.A. No. 6039 of 2014 I.A. No. 6039 of 2014 has been filed by the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna praying, inter alia, to be impleaded as respondent in the appeal for being heard in opposition to the prayer made in the appeal.Patna High Court LPA No.1636 of 2012 (22) dt.11-02-2015
10/10
Let the Bihar State Shia Wakf Board through its Chief Executive Officer, Patna be also heard in opposition to the prayer made in the appeal.
I.A. No. 6039 of 2014 is, accordingly, disposed of. Re: I.A. No. 8005 of 2014 I.A. No. 8005 of 2014 shall be considered at the time of admission of the appeal.
Put up all the appeals under the same heading on 18.02.2015 on which date the matter shall proceed on merit.
(V.N. Sinha, J.) (Ahsanuddin Amanullah, J.) Arjun/-
U