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Patna High CourtCWJC/3050/2023dismissed

Binod Kumar v. The State Of Bihar

2023-07-31Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3050 of 2023 ====================================================== Binod Kumar Son of Late Chandeshwar Narayan Singh, resident of VillageAnandpur Gangauliya, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Dept. Govt. of Bihar, Patna.

2.

District Magistrate, Muzaffarpur.

3.

Sub-Divisional Officer, West, Muzaffarpur.

4.

Anchal Adhikari, Anchal Saraiya, Distt. - Muzaffarpur. 5.

S.H.O Saraiya, P.S. - Saraiya, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy ( GP- 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition for grant of compensation in the writ petition. In the petition the petitioner has disclosed that a Title Suit for the said land bearing Title Suit No.104 of 2017 is pending before the Civil Court, Muzaffarpur West in which petitioner is plaintiff no.6.

3. Counsel for the State submits that from the relief made in the Title Suit it transpires that the petitioner is not the title holder. As such, presently the petitioner has no right to seek compensation, until and unless, the said Title Suit No.104 of

Patna High Court CWJC No.3050 of 2023(3) dt.31-07-2023 2/2 2017, in which the petitioner is plaintiff no.6 acquires finality.

4. As such, the present writ petition is dismissed with the liberty to the petitioner that he may raise his grievances after the finality of the case bearing Title Suit No.104 of 2017 in his favour.

5. Accordingly, with the aforesaid liberty the present writ petition stands dismissed.

(Dr. Anshuman, J.) Ashishsingh/- U