Arbind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1325 of 2017 ====================================================== Arbind Kumar Son of Sudishat Narayan Singh, resident of village - Dahiyawa Tola Sadhanapuri, P.S. Chapra Nagar, District - Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Saran at Chapra 3.

The Sub Divisional officer, Sadar Chhapra 4.

The Circle officer, Sadar Circle, Chhapra 5.

Gauri Shankar Singh, 6.

Hari Shankar Singh, 7.

Jai Shankar Singh, Res. No. 5 - 7 are the Son of Late Ram Dayal Singh, resident of village - Dahiyawa Tola Sadhanapuri, P.S. Chapra Nagar, District - Saran 8.

Tarun, Son of Late Shiv Shankar Singh, resident of village - Dahiyawa Tola Sadhanapuri, P.S. Chapra Nagar, District - Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj, Advocate For the Respondent/s :

Mr. Raj Kishore Roy-GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and the State.

2. The present petition has been preferred for issuance of an appropriate writ/writs, order/ orders and directions restraining the respondents for harassing the petitioner Inthe name of measurement of disputed plot no. 1525, 1526 of Khata no. 227, 251 measuring and area 11⁄2 Katha situated under the competent jurisdiction of the Respondent no.4 because there is already a title suit being suit no, 533/2015, pending in the court

Patna High Court CWJC No.1325 of 2017(2) dt.01-04-2024 2/2 of learned Sub Judge V, Chapra between the petitioner and Respondent no. 5 to 8.

3. The counter affidavit of respondent nos. 2 to 4 is/are on record. According to which, it has been averred that the Title Appeal No. 533 of 2015 is already pending before the learned Sub-Judge V, Chhapra between the petitioner and the respondent nos. 5 to 8.

4. In that view of the matter, when a Civil Court is already seized of the present dispute between the parties, no order can be passed by the Writ Court.

5. The petition stands disposed of granting them liberty to pursue their respective points before the competent Civil Court.

(Rajiv Roy, J) Kiran/- U