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Patna High Court - Orders

Most. Alka Rani vs Nitya Nand Chaudhary on 13 February, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2654 of 2015
                 ======================================================
                 Most. Alka Rani wife of Shekhar Suman resident of mohalla Chaudhary Tola,
                 Jagannath Singh Lane, p.o. Mahendru, p.s. Sultanganj, Dist Patna.

                                                                               ... ... Petitioner
                                                     Versus

                 Nitya Nand Chaudhary son of Late Gaya Chaudhary resident of mohalla -
                 Chaudhary Tola, Jagarnath Singh Lane, p.s. Sultanganj, p.o. Mahendru, Dist.
                 Patna.
                                                                           ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ashok Nandan Prasad, Advocate
                                                 Mr. Satya Ranjan Sinha, Advocate
                                                 Mr. Dhananjay Kumar, Advocate
                 For the Respondent/s    :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   13-02-2025

Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the Respondent.

2. The petitioner has challenged the legality / validity of the order dated 06.01.2015 passed in Eviction Suit No. 34 of 2007 under Section 15 of the BBC Act (Annexure-7) and bare perusal of the operative part of the said order dated 06.01.2015 passed in Eviction Suit No. 34 of 2007 observes that:

"the matter shall be considered by this Court at the time of the final adjudication."

3. The learned counsel for the respondent has produced an order dated 22.05.2022 passed in Eviction Suit No. 34 of 2007, which reveals that the Eviction Suit No. 34 of 2007 has been dismissed vide order dated 22.05.2022 and submits Patna High Court CWJC No.2654 of 2015(4) dt.13-02-2025 2/2 that in view of the subsequent development, the present writ petition has become infructuous.

4. In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this application.

5. Permission, as prayed for, is accorded.

6. Accordingly, the present writ petition is dismissed as withdrawn.

(Rajesh Kumar Verma, J) Shahnawaz/-

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