Manglesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2180 of 2025 ====================================================== Manglesh Singh Late Ram Niwas Singh Resident of Village- Sarbahada, P.S.- Khizersarai, District- Gaya at present R/o Mohalla- K.P. Road, Gaya, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Principal Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Commissioner, Magadh Division, Gaya.

4.

The District Magistrate/Collector, Gaya.

5.

The Cirlce Officer, Khizersarai, Gaya.

6.

The Executive Engineer, Building Construction Department, Gaya. 7.

The Mukhiya of Gram Panchayat, Sarbahada, P.S.- Khizersarai, DistrictGaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Respondent/s :

Mr. Subhash Prasad Singh, G.A.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-02-2025 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present petition has been filed for the following reliefs:- (i) For issuance of writ of mandamus for restraining the respondents from constructing Panchayat Bhawan on the land of the petitioner at Village- Sarbahada at Khata no. 68, Khesra no. 1271.

(ii) For issuance of other appropriate writ/writs, order/orders, direction/direction in the

Patna High Court CWJC No.2180 of 2025(2) dt.13-02-2025 2/2 facts and circumstance of this case.

3. Learned Counsel for the petitioner has submitted that ex-land lord has settled the land in dispute in favour of the father of the petitioner on which the Panchayat Sarkar Bhawan is being constructed. He also submits that the petitioner has already filed Title Suit No. 408 of 2024 which is still pending in the Court of learned Sub-Judge 1st, Gaya for declaration of his title over the disputed land.

4. The petitioner, if so advised, may file an application under Order 39, Rules 1 and 2 in the Title Suit where the case is pending.

5. If the petitioner files an application under Order 39, Rules 1 and 2 that shall be disposed of as early as possible on its own merits, without being prejudiced by this order.

6. With these observation(s), the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U