High CourtsDivision Bench(2019) 10 PAT CK 0043

Munna Singh @ Raju Singh vs State Of Bihar Through The Principal Secretary And Ors

Patna High Court · Decided on 17 October 2019

HON’BLE JUDGES
Amreshwar Pratap Sahi, CJ · Ashutosh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 810 Of 2019 In Civil Writ Jurisdiction Case No. 876 Of 2016

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 180 words

I.A. No.1 of 2019

Having heard learned Counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.

L.P.A. No.810 of 2019

Heard Shri Amar Nath Singh, learned counsel for the appellant and Smt. Nutan Sahay, learned counsel for the State.

The appeal has been preferred by the writ petitioner contending that at the very outset the learned Single Judge while entertaining the writ petition has passed an order which has the nature of a threat to the petitioner himself which can lead to dispossession of the petitioner whereas the petitioner was seeking relief for himself.

We find the said contention to be borne out from a perusal of the impugned order dated 7th of March, 2019 and we dispose of this appeal with the observation that the order dated 7th of March, 2019 shall not be treated to be an order for taking coercive action unless any appropriate orders are passed after exchange of affidavits.

The appeal stands disposed of accordingly.