Patna High Court - Orders
Sheo Kumar Khemani vs The State Of Bihar & Ors on 27 June, 2014
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court CWJC No.11185 of 2007 (8) dt.27-06-2014 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11185 of 2007
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Sheo Kumar Khemani son of late Kashi Prasad Khemani resident of Chowk
Bazar Road, Ward no.8, Dumraon P.S. Dumraon District Buxar
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance:
For the Petitioner/s : Mr. Satish Chandra Jha 3, Advocate
For the State : AC to GP 15
For the Respondent 4 : Mr. Ganpati Trivedi, Advocate
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
8 27-06-2014Heard learned counsels for the parties.
Petitioner has prayed for quashing the ex parte order dated 24.12.2002 passed by learned 3rd Sub Judge, Buxar in Title suit no. 194/1993 as well as several other reliefs but it is submitted on behalf of the respondent no.4 that the petitioner may challenge the order dated 24.12.2002 passed in Title suit no. 194/1993 before appropriate court as remedy to the petitioner is available under law and in no case, present writ petition is maintainable before this court.
I do agree with the submission of learned counsel for respondent no. 4 and accordingly, this writ petition stands dismissed being not maintainable.
However, petitioner may challenge the impugned order dated 24.12.2002 passed in Title suit no. 194/1993 under appropriate provision of law before competent court and if petitioner does so, the concerned court shall take notice of the fact at the time of hearing on the point of limitation that this writ petition was filed before this court on 28.08.2007 and the Patna High Court CWJC No.11185 of 2007 (8) dt.27-06-2014 2 petitioner was knocking the door of wrong forum till date of passing order and taking note of the aforesaid fact the concerned court shall decide the point of limitation after condoning the period from 28.08.2007 till today.
(Hemant Kumar Srivastava, J)
shahid
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