Madhusudan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2322 of 2023 ====================================================== 1.

Madhusudan Yadav son of Late Ramdev Prasad alias Ramdeo Yadav and Late Sundari Devi, Resident of Village - Kewali, P.S. Chandauti, District - Gaya.

2.

Raj Kumar Yadav, Son of Late Ramdev Prasad alias Ramdeo Yadav and Late Sundari Devi, Resident of Village - Kewali, P.S. Chandauti, District - Gaya.

3.

Satyendra Kumar Yadav alias Guddu Yadav, son of Late Madan Yadav and grand-son of Late Sundari Yadav, Resident of Village - Kewali, P.S. Chandauti, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Government of Bihar at Patna. 2.

The District Magistrate and Collector, Gaya.

3.

The District Transport Officer, Gaya.

4.

The Sub-Divisional Officer, Gaya.

5.

The Anchladhikari, Gaya Sadar, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Advocate Mr.Bhola Kumar, Advocate Mr. Rajiv Ranjan, Advocate Mr. Ravi Shankar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 04-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "A. For issuance of a writ in the nature of mandamus commanding the respondents concerned to not disturb peaceful possession of the petitioners with regards to the land of Khata No.117(Old)/350(New), Plot

Patna High Court CWJC No.2322 of 2023 dt.04-07-2023 2/2 No.318(Old)/625(New), Area-2 Acre, Bounded as North- Road, South-Pyne, East-Nala and West-Naresh, situated as Village- Kewali,P.S. and Anchal-Chandauti, District-Gaya.

B. For staying the removal proceeding in connection with the aforesaid land till the disposal of the instant Case."

2.

At the outset, the learned senior counsel for the petitioners seeks liberty on behalf of the petitioners to raise all the issue raised in the present writ petition in the pending suit bearing Title Suit No.248 of 2022, which is pending adjudication before the learned Court of Sub-Judge-1, Gaya, apart from also filing appropriate petition for grant of interim relief. Liberty so sought is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2023 Transmission Date NA