Patna High Court
Bechu PaswanversusThe Registrar General, Patna High Court
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The High Court directed the trial court to expedite disposal of the suit within one year and ordered transfer to a running court.
Summary
Petitioner Bechu Paswan filed a civil miscellaneous application before the Patna High Court seeking a direction for the speedy disposal of Title Suit No. 327 of 2016, which had been pending since 2016. The petitioner argued that the trial had commenced and evidence was led, but the suit remained undischarged because of a vacancy of the presiding officer in the trial court. The High Court examined whether it could intervene to ensure expeditious disposal in view of the vacancy. The Court directed the trial court to dispose of the suit within one year and ordered the petitioner to apply to the Principal District Judge for transfer of the case to a functioning court. Both parties were instructed to cooperate, and the application was disposed with the said directions.
Issues considered
- Whether the High Court can issue a direction for expeditious disposal of a pending civil suit due to vacancy of the presiding officer
Subjects
- expeditious disposal
- vacancy of judge
- transfer of suit
- civil procedure
- high court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1504 of 2025
======================================================
Bechu Paswan Son of Late Lakhan Paswan, Resident of Village-Kalimugara,
P.S.-Kishanpur, District-Supaul.
... ... Petitioner/s
Versus
1. The Registrar General, Patna High Court Patna.
2. The State of Bihar through the District Collector cum District Magistrate,
District-Supaul, Bihar.
3. The Anchaladhikari, Kishnpur, District-Supaul, Bihar.
4. The Director General of Sima Suraksha Bal, R K Puram, New Delhi.
5. The Secretary, Department of Home Affairs, Government of India, New
Delhi.
6. Raj Kumar Paswan, Son of Bechu Paswan, R/o Village-Kalimugara, P.S.-
Kishanpur, District-Supaul.
7. Dilip Kumar, Son of Bechu Paswan, R/o Village-Kalimugara, P.S.-
Kishanpur, District-Supaul.
8. Pradip Kumar, Son of Bechu Paswan, R/o Village-Kalimugara, P.S.-
Kishanpur, District-Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar
For the Respondent/s : Mr.Standing Counsel (01)
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 06-01-2026 The instant Civil Miscellaneous application has been
filed seeking a direction for expeditious disposal of Title Suit
No. 327 of 2016 which is pending since 2016.
2. Learned counsel for the petitioner submits that the
trial has already been commenced and the petitioner has led his
evidence; however, the suit is not being disposed of due to the
vacancy of the Presiding Officer in the concerned Court.
3. In view of the aforesaid facts and circumstances,
Patna High Court C.Misc. No.1504 of 2025(2) dt.06-01-2026
2/2
the present application stands disposed of with a direction to the
Trial Court to expedite the proceedings and to dispose of the suit
at the earliest, preferably within a period of one year. Both
parties shall also co-operate in expeditious disposal of the suit.
For the said purpose, the petitioner is directed to file an
appropriate application before the learned Principal District
Judge seeking transfer of the case to a running Court.
4. With the aforesaid directions, the instant
application stands disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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