M/S Santosh Printing Press vs The Union Of India
2023 Latest Caselaw 576 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.24085 of 2018
     ======================================================

M/s Santosh Printing Press through its authorized representative, Santosh Kumar Jha @ Santosh Kumar, S/o Sri Bhagwan Lal Jha, Resident of Village- Sangi, P.S.-Phulparas, District-Madhubani

... ... Petitioner/s Versus

1. The Union of India through the Chief Secretary Ministry of Home affairs, North Block, Central Secretariat, New delhi-110001.

2. The State of BIhar, through the Chief Secretary, Government of Bihar, Old Secretary, Patna.

3. The District Magistrate, Patna.

4. The Additional District Magistrate, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : M/s Sumit Kumar Jha Riya Giri, Advocates For the Union of India : Dr. K.N. Singh, ASG For the State : Mr. Md. Khurshid Alam, AAG 12

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-02-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"(i) For a direction to the respondent authorities and in particular the State of Bihar to act in terms of the report of the Ministry of Home Affairs and in furtherance thereof make part payment during pendency of the Title Suit No. 5743 of 2014.

(ii) For a direction to the respondent authorities and in particular the respondent State of Bihar to Patna High Court CWJC No.24085 of 2018 dt.01-02-2023

cooperate for early disposal of Title Suit No. 5743 of 2014, adjudication whereof is being delayed on account of its non- cooperation.

(iii) For a declaration that the petitioner cannot be saddled with any liability arising out of the transaction, which is pending in Title Suit No. 5743 of 2014, as the same would amount to taking benefit by the respondents for their own cooperation/delay; and for any other relief or reliefs for which the petitioners are entitled."

Learned counsel for the petitioner states that

petitioner shall be content if the petition is disposed of with the

direction for early disposal of Title Suit No. 5743 of 2014, titled

as M/s Santosh Printing Press & Anr. Versus The State of

Bihar & Ors., pending before the court of Sub Judge-I, Patna.

It is further contended that the subject matter of the present

petition can be conveniently adjudicated in the said suit which is

inter se the parties to the instant lis.

As such, as prayed for, present petition is

disposed of with a direction for expeditious disposal of the Title

Suit No. 5743 of 2014 titled as M/s Santosh Printing Press &

Anr. Versus The State of Bihar & Ors.

The parties undertake to fully cooperate and not

take any unnecessary adjournment.

This Court is hopeful that the adjudicatory court Patna High Court CWJC No.24085 of 2018 dt.01-02-2023

shall decide the suit expeditiously and preferably within a

period of one year from the date of production of a copy of the

order.

All issues on facts and law are left open.

The present petition stands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Spd/-Sujit AFR/NAFR CAV DATE Uploading Date 02.02.2023 Transmission Date