LAWS(PAT)-2008-1-58

SUDARSHAN CHAUDHARY Vs. STATE OF BIHAR

Decided On January 22, 2008
SUDARSHAN CHAUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A Bench of this Court in cwjc No. 13060 of 2005 was considering the challenge to orders of transfer by the two petitioners therein. The orders of transfer with regard to the two petitioners were on separate documents in their individual names though of the same date. The Bench questioned the maintainability of one composite application by them when their cause of action was individually based on different and distinct documents.

(2.) PURSUANT to the same, the stamp reporter, in some cases has been pointing out the need for separate writ applications by the petitioners while in some the defect for additional Court fees is being pointed out. It is submitted at the Bar that this is creating an anomalous position and there does not appear to be any consistency in the stamp reports.

(3.) A Division Bench of this Court in 1998 (2) PLJR 765 (Smt. Krishna Pati Devi and Ors. v. The State of Bihar and Ors.) ruled at paragraph 4 as follows :