Vidya Sagar Lal And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19416 of 2018 ====================================================== Vidya Sagar Lal and Anr son of Late Mahavir Lal, resident of village-Baheri, P.S. Baheri, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Collector, Darbhanga.

3.

The Sub-Divisional Officer, Darbhanga.

4.

The Circle Officer, Baheri,District- Darbhanga. 5.

The Station House Officer, Baheri, District-Darbhanga. 6.

Laxman Paswan son of Late Mahanth Paswan, resident village-Baheri, P.S. Baheri, District-Darbhanga.

7.

Sunita Devei wife of Laxman Paswan, resident of village-Baheri, P.S. Baheri, District-Darbhanga.

8.

Rajiv Paswan @ Sanjeev Paswan Son of Laxman Paswan, resident of village-Baheri, P.S. Baheri, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-11-2025 Heard Mr. Vinay Mistry, learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14.

2. The present petition has been preferred for the following relief(s):

"(i) For issuance of a writ in the nature of Certiorari for quashing of the Notice bearing Memo No.1244 dated 16.8.2018 (Annexure-P-4) issued by the Circle Officer, Baheri-Respondent No.4 whereby the Station House Officer, Baheri-

Patna High Court CWJC No.19416 of 2018(3) dt.03-11-2025 2/3 Respondent No. 5 has been informed to protect Most. Jagtarni Devi-Basgit Parcha Holder in making construction of house over the land appertaining to Khata No.520, Plot No.2826, Tauzi No.6499 measuring an area 14 Dhur situated at Mouza- Baheri, P.S. Baheri, District-Dharbhanga as the petitioners are the absolute owner of the aforesaid land and the residential house of the petitioners is situated thereon since last 50 years. (ii) For issuance of a writ in the nature of Certiorari for quashing of the Basgit Parcha, if any, has been issued by the District Magistrate, Darbhanga in favour of Most. Jagtarni Devi in the facts and circumstances of the case.

(iii) For issuance of a writ in the nature of Mandamus directing the respondent authorities to maintain status quo with regard to the land in question as well as the residential house of the petitioner till the disposal of Title Suit No.169 of 1982 pending in the court of Sub-Judge-VIth, Darbhanga in the facts and circumstances of the case.

Patna High Court CWJC No.19416 of 2018(3) dt.03-11-2025 3/3 iv) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."

3. After some arguments, learned counsel for the petitioner submits that the petition before the Collector, Darbhanga in Misc. Case No. 18-19 which still has not been disposed of be directed to be disposed of.

4. If such an old matter is pending, the same shall be taken to its logical conclusion.

5. In that background, the writ petition stands disposed of directing the concerned respondent, the Collector, Darbhanga to take the aforesaid Misc. Case No. 18-19 to its logical conclusion at an earliest.

(Rajiv Roy, J) Adnan/- U