Sarita KunwarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19268 of 2019
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           1.     Sarita Kunwar W/o Late Ram Vilas Chaurasia Resident of Kila Mohall-
                  Madar Darwaja, Sasaram, P.S. Sasaram Town, District- Rohtas
           2.    Priyanka Kumari D/o Ram Vilas Chaurasia Resident of Kila Mohall-Madar
                 Darwaja, Sasaram, P.S. Sasaram Town, District-Rohtas

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Rohtas at Sasaram
           2.    The District Magistrate Rohtas at Sasaram
           3.    The Circle Officer Sasaram, Rohtas
           4.    The S.P. Rohtas, Sasaram
           5.    The Bhagwan Prasad Chaurasia Son of Late Ram Narayan Chaurasia
                 Resident of Kila Mohalla, Madar, Darwaja, Sasaram, P.S. Sasaram Town,
                 Distt-Rohtas
           6.    Kanchan Prasad Chaurasia Son of Bhagwan Prasad Chaurasia Resident of
                 Kila Mohalla, Madar, Darwaja, Sasaram, P.S. Sasaram Town, Distt-Rohtas
           7.    Ranjan Prasad Chaurasia Son of Bhagwan Prasad Chaurasia Resident of
                 Kila Mohalla, Madar, Darwaja, Sasaram, P.S. Sasaram Town, Distt-Rohtas
           8.    Chandan Prasad Chaurasia Son of Bhagwan Prasad Chaurasia Resident of
                 Kila Mohalla, Madar, Darwaja, Sasaram, P.S. Sasaram Town, Distt-Rohtas
           9.    Pushpa Kumari D/o Rama Shankar Chaurasia, C/o Bhagwan Prasad
                 Chaurasia Resident of Kila Mohalla, Madar, Darwaja, Sasaram, P.S.
                 Sasaram Town, Distt-Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Radha Mohan Pandey,Advocate
                                               Mr. Chandra Shekhar Verma, Advocate
                 For the State          :      Mr. Md. Khurshid Alam, AAG-12
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   10-03-2026                   Heard the parties.

                                 2. The present writ application has been filed against

                   the order dated 24.04.2018 passed in Title Suit No. 373 of 2004

                   by the learned Subordinate Judge-V, Rohtas at Sasaram,

                   whereby the learned Trial Court has dismissed the suit as not
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          maintainable.

                      3. Learned counsel for the petitioners submits that the

          petitioners were the plaintiffs before the learned court below and

          had instituted the aforesaid suit for declaration of their half

          share in the suit property described in Schedule ‘Ka’, along with

          costs of the suit and other ancillary reliefs. It is further

          submitted that pursuant to an amendment allowed vide order

          dated 10.03.2010, two additional reliefs were incorporated in

          the plaint, namely, a declaration that Most. Sarita Kunwar is the

          legally wedded wife of late Ramvilas @ Ram Vilas Chaurasia,

          and a declaration that the award passed in Case No. 433 D of

          2003 (Puspa Kumari vs. Bhagwan Prasad Chaurasia), on the

          basis of compromise between the parties, is not binding upon

          the petitioners. Learned counsel for the petitioners fairly

          submits that in respect of the aforesaid reliefs, particularly

          regarding the marital status of Most. Sarita Kunwar and the

          claim for half share in the property in-question, the present writ

          application may not be an appropriate remedy. He further

          submits that in view of the order dated 27.04.2010 passed by the

          Division Bench of this Court in Durga Devi vs. Vijay Kumar

          Poddar and Others and other analogous cases, reported in

          2010 (2) PLJR 954, the petitioners seek permission to withdraw
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                     the present writ application with liberty to challenge the

                     impugned order dated 24.04.2018 passed in Title Suit No. 373

                     of 2004 by the learned Subordinate Judge-V, Rohtas at Sasaram

                     by filing a Civil Revision application before the appropriate

                     forum in accordance with law.

                                 4. Considering the aforesaid submissions, the present

                     writ application is disposed of as withdrawn, with liberty to the

                     petitioners to file an appropriate application against the

                     impugned order dated 24.04.2018 passed in Title Suit No. 373

                     of 2004 by the learned Subordinate Judge-V, Rohtas at Sasaram.

                                 5.It is made clear that the time consumed in

                     prosecuting the present proceedings shall be excluded for the

                     purpose of limitation.




                                                 (Khatim Reza, J)
shyambihari/-

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