Md. Jalil And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1326 of 2018 ====================================================== 1.

Md. Jalil and Anr 2.

Md. Razzaque both sons of Late Jumrati Mian, both are resident of VillagePhulhara, P.S.- Mansahi, District- Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Sub Divisional Magistrate, Katihar.

3.

The Circle Officer, Mansahi, Katihar.

4.

Raj Kumar Singh Jha, S/o- Late Punniya Nand Jha, resident of MohallaVinodpur, P.S. Mansahi, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2022 Heard the parties.

The dispute between the parties can only be resolved by the Civil Court and this Court in writ proceedings cannot decide the disputed questions of right, title and interest. In these circumstances, the parties are directed to get the dispute resolved by filing a title suit.

The affected party may file the title suit and may file application of injunction and any order for injunction shall be decided within a month by the Court below dealing with the title suit in accordance with law.

This Court has not examined the merits of the case,

Patna High Court CWJC No.1326 of 2018(5) dt.06-12-2022 2/2 and therefore, is not expressing any opinion on the right, title and interest of the parties i.e. neither the petitioner nor the respondents or the intervenors.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Sunnykr/- U