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2013 Supreme(Pat) 910

AJAY KUMAR TRIPATHI
Kashi Nath Pandey – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. Ashutosh Ranjan Pandey Mr. Rakesh Narayan Singh Mr. Ramanuj Tiwari Ms Archana Sinha
For the Respondent/s: Mr. Rajesh Kumar Verma, SC 27 Ms Reema Kumar, AC to SC 27 Mr. Dudhnath Singh

ORDER

This is yet another matter arising out of the order of so-called Permanent Lok Adalat, Rohtas, which is under challenge. When the writ application was filed, an order dated 12.2.2004 passed by the Lok Adalat in Case No.309 (O)/ 2003 was subject of challenge. By virtue of this order an objection petition filed by the petitioner against maintainability of such proceeding before the Lok Adalat, as the proceeding was alleged to be a sham to obtain a partition of ‘family property’ belonging to others. The objection was rejected. While the writ application was pending, the Lok Adalat has finally passed an order contained in Annexure- 10, dated 14.10.2004 on the ground that since the petitioner had failed to beget any kind of order or stay from the High Court, therefore, he will not wait and disposed of the matter. By an Interlocutory Application, even Annexure- 10 is under challenge.

2. It is evident from perusal of the writ application that it is a prolonged family battle going on over the property and shares thereto amongst the family members. There was even a Title Suit and a First Appeal arising there from, which was fought and they attained some kind of finality. However, to o






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