Sita Ram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15893 of 2016 ====================================================== Sita Ram Singh son of Late Bhatu Mahto Resident of Village- Gabhtal P.S. Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Commissioner, Patna Division, Patna 3.

The District Magistrate, Patna 4.

The Sub-Divisional Officer, Danapur, Patna 5.

The Circle Officer, Danapur, Anchal, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Rishi Raj Sinha-SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2025 No one appears on behalf of the petitioner though the State is present.

2. The present petition has been preferred for the following relief(s):

i) For issuance of an appropriate writ(s) in the nature of Mandamus for commanding and directing the Respondents to stop the construction and to maintain status-quo on the land of the petitioner bearing its Khata No. 780, Plot No. 1092, Thana No. 21 , area 47 decimals in which the petitioner has admittedly 1⁄2 share of the above land.

Patna High Court CWJC No.15893 of 2016(2) dt.05-08-2025 2/3 ii) For issuance of an appropriate writ in the nature of Mandamus for commanding and directing the Respondents to conduct inquiry and verify the genuineness of the dispute and thereafter stop the construction work on the land in question which is a subject matter of Title Suit No. 141/1996, pending before the learned Sub-JudgeII, Danapur, Patna. iii) And/or for any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

3. A counter-affidavit on behalf of the respondent nos. 3 to 5 duly signed by the Circle Officer, Danapur after service of copy to the learned counsel for the petitioner in the year 2017 is on record, according to which, the ground inspection shows that the raiyati land was recorded in the name of Ishar Mahto, Bishwar Mahto and Bhagirath Mahto. Later, Jaya Prabha Apartment has been constructed on the said land and Sumit Kumar Verma and Amit Kumar Verma being the present owner.

4. The further report shows that it is a title dispute which can be best adjudicated before a competent Civil Court.

5. The petition also shows that Title Suit No. 141 of

Patna High Court CWJC No.15893 of 2016(2) dt.05-08-2025 3/3 1996 was pending before the learned Sub Judge II, Danapur, Patna.

6. This Court is satisfied that no relief can be extended to the petitioner.

7. However, since there is no appearance on behalf of the petitioner, the writ petition stands dismissed for non prosecution.

(Rajiv Roy, J) Adnan/- U