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Rahul Kumar

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A FRESH WRIT PETITION WILL BE FILED IN THE PATNA HIGH COURT

Posted On 29 May, 2016 में

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Rahul Kumar
Yesterday at 6:24am ·
A FRESH WRIT PETITION WILL BE FILED IN THE PATNA HIGH COURT
This facebook status is exclusively dedicated to those friends who take a keen interest to know about current position of my High Court case against Chiranjiwi Roy,Presently Principal of JNV Samastipur,but going to be transferred to JNV Vaishali.
Chronological Events of the case are as follows:-
(1) Dated 27/02/2013-After the case being closed by the Bihar State Human Rights Commission,the Case vide CWJC No.4261/2013 was registered in the High Court of Patna on dated 26/02/2013.The case came up for hearing on next day i.e.27/02/2013.It happens in very few cases in the High Court that cases come up for hearing on next day without mentioning and showing urgency,but the Advocate for the petitioner (My advocate) didn’t appear to press the Writ Petition.Advocate for the Principal and NVS appeared before the Court.It was directed by the presiding Judge Justice Ahsanuddin Amanullah to list the case after one week before the appropriate bench.It appears that my advocate got managed by the Principal, so he didn’t appear.It was my father who had kept the advocate.I didn’t want to keep advocate and wanted to appear In-Person.If i would appear In-Person, then perhaps i would be most youngest person to appear In-Person in any higher judiciary.It was non-understanding of my father.
(2) Dated 22/05/2015-Chiranjiwi Roy filed his 80 paged Counter Affidavit against my Writ Petition in the High Court.In his Counter Affidavit, he inter alia submitted that i was suffering from some kind of mental ailment,so my father requested to issue SLC,accordingly SLC was issued to me.He also wants to say that due to some kind of mental ailment,i used to assault that boy sexually and otherwise.It is totally a baseless argument by Chiranjiwi Roy to save himself,because there is no material available on record which can even indicate that i had some kind of mental ailment of sexual nature.I had been repeatedly tortured by some teachers,students and principal,due to that i was facing psychological problems having mind in terrible figure, as it was remarked by a psychiatric of the PMCH. Further i faced very little slow blood pressure and same had been cured even before dated 23/08/2011,when i reported to JNV Samastipur after taking leave after admission in class eleventh on dated 06/07/2011 and ran away to NVS Headquarter,New Delhi on dated 24/08/2011 and made complaint against Chiranjiwi Roy,but SLC was issued on dated 28/09/2011.I am in possession of both medical reports.I drafted my Reply Affidavit against the Counter Affidavit of Chiranjiwi Roy.My draft reply was amended and make typed by the advocate,but it was not filed by the advocate in the Court.Since he was already managed,he didn’t file my reply affidavit. Considering that the advocate has been managed,i decided to appear In-Person and it was told to the advocate to inform me whenever the case is listed for hearing.
(3) Dated 06/01/2016-Though being directed by the judge to list after one week,the case came up for hearing on dated 06/01/2016 after a long gap.The advocate informed me at around 8 AM of dated 06/01/2016 that today is my hearing.I was at my village in connection with the matter of Proposed Embankment Construction Without Land Acquisition in my village and surrounding areas.I was too busy in this land acquisition matter.I accompanied by villages met the Special Land Acquisition Officer,Kosi Project,Darbhanga and the Collector, Darbhanga on dated 05/01/2016.The Executive Engineer,Flood Control Division-2,Jhanjharpur was directed by the Collector to visit my village within 2-3 days and take land on lease from the affected farmers and if farmers don’t give land on lease,then construct embankment only after land acquisition.It was expedient to organize the meeting of affected farmers in order to decide as to land should be given on lease or not.Accordingly, i returned to my village on the same day without staying at Darbhanga.I was so busy in this land acquisition that i couldn’t check status online of my case on the official website of the Patna High Court.The case had actually been listed on dated 05/01/2016 at Serial No.40,as it traced by looking cause list of dated 05/01/2016,but came up for hearing on dated 06/01/2016 when it was at Serial No.18.The advocate came to know the listing of my case on dated 05/01/2016 but he informed me in the morning of dated 06/01/2016.If i would be informed on dated 05/01/2016,i would depart to Patna from Darbhanga and appear In-Person on dated 06/01/2016.In such circumstances, i suggested the advocate to appear before the court and inform the court that the petitioner Rahul Kumar will appear In-Person from the next date and pray for the next date.Since the advocate was already managed,he didn’t appear before the Court despite repeated calls of the court.It was the second time when the advocate didn’t appear.The petition got D.F.D.(Dismissed for Default) for want of prosecution.
(4) Dated 19/01/2016-Restoration Application was filed in the High Court to restore CWJC Case No.4261/2013 on dated 19/01/2016.The advocate showed his own reasons of non-appearance twice on dated 27/02/2013 and dated 06/01/2016 and he filed at his own expense.After filing restoration application,it caused very delay in getting Case No. and the restoration application got its MJC Case No.852/2016 after being registered on dated 02/03/2016 only after issuance of legal notice by me to the advocate against his professional misconduct for his intentionally non-appearance twice.
(5) Dated 20/04/2016-Restoration Application vide MJC No.852/2016 came up for hearing on dated 20/04/2016.Fortunately,i was already in Patna on this day in connection with filing of writ petition in the Patna High Court against Embankment Cconstruction Without Land Acquisition Matter,which now bears CWJC Case No.7529/2016.The advocate appeared for arguments before the bench of Justice Kishore Kumar Mandal and i also remained present,but the court dismissed the restoration application considering that on two occasions the petitioner defaulted in appearing on calls.Actually if the advocate for the petitioner is defaulted in appearing,then it is deemed that the petitioner defaulted because it is the case of the petitioner,not of his advocate.However, Res judicata u/s 11 of the CPC has not been applied and liberty has been provided to me to file a fresh writ petition if the cause survives.The advocate told that he will file the fresh writ petition at his own expense.Accordingly, i signed on affidavit and vakalatnama.He has not filed yet the fresh writ petition.If he files,then whenever it will come up for hearing,i will appear In-Person.If he doesn’t file,then i shall file only after being economically competent to file.Means,after my own income,not of family.
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20You, Santosh Sudhanshu, Aditya Krishna and 17 others
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Rahul Kumar
Rahul Kumar Anant Chaudhary Gautam Kumar Kanhaiya Kumar Amit SonuEr Rajesh Amarnath KunDan Kumar Jha Manish Chaudhary Raja Choudhary Jagannath Jaggu Alok Mishra Rajnesh Kumar Pandey Praveen Kumar Pankaj Kumar
Like · Reply · 3 · Yesterday at 6:32am
Rahul Kumar
Rahul Kumar Chandan Kumar Navodayan Neeraj Singh Braj Bhushan Dubey Shivam Bhardwaj Sudarshan Jha
Like · Reply · 2 · Yesterday at 6:35am
Kumar Gaurav
Kumar Gaurav then what will be the next procedure
Unlike · Reply · 1 · 8 hrs

Rahul Kumar replied · 1 Reply
Rahul Kumar
Rahul Kumar Kumar Gaurav
Next procedure is mentioned in the status and same is reproduced below for your kind information-

“However, Res judicata u/s 11 of the CPC has not been applied (by the High Court) and liberty has been provided to me to file a fresh writ petition if the cause survives.The advocate told that he will file the fresh writ petition at his own expense.Accordingly, i signed on affidavit and vakalatnama.He has not filed yet the fresh writ petition.If he files,then whenever it will come up for hearing,i will appear In-Person.If he doesn’t file,then i shall file (a fresh writ petition) only after being economically competent to file.Means,after my own income,not of family.
Unlike · Reply · 1 · 3 hrs
Rahul Kumar

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