Daso Mahto, v. The State Of Bihar Through Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5473 of 2021 ====================================================== Daso Mahto, Son of Late Fauzdari Mahto, resident of Mohalla- Jaipur Dhanki, P.S.- Agamkuan, Kumahrar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Home Government of Bihar, Patna.

2.

The Commissioner, Patna.

3.

The District Magistrate, Patna.

4.

The Education Commissioner, Patna.

5.

The Secretary Bihar School Examination Board, Patna. 6.

Te Director, Forest Department, Patna.

7.

The Executive Engineer, Building Division, Gulzarbagh, Patna. 8.

The Senior Superintendent of Police, Patna.

9.

The Deputy Superintendent of Police, Patna City. 10.

The Sub-Divisional Magistrate, Patna City.

11.

The S.H.O. (Officer In-charge) Agamkuan Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J. S. Arora, Sr. Advocate Mr. Daya Shankar Prasad Sinha For the Respondent/s :

Mr. Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the respondents.

The present writ application has been filed by the petitioner for a direction to the respondents to restrain from changing the physical features of land and also from new construction work as well as demolition and destroying the cultivated land, as Title Suit No. 67 of 1995 is pending.

Patna High Court CWJC No.5473 of 2021(2) dt.16-03-2021 2/2 Considering the fact that Title Suit No. 67 of 1995 is still pending before the competent civil court and the competent court has appropriate jurisdiction to grant all protection to the parties, the Court is not inclined to grant any indulgence to the petitioner.

It goes without saying that the court below where the title suit is pending shall take appropriate action permissible under the law to protect the interest of the parties. The Court hope and trust that the court below shall expedite the trial and dispose of the suit at the earliest, as the suit is pending for last 25 years.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U