Baijya Nath Kumar Sao @ Baijya Nath Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3649 of 2021 ====================================================== Baijya Nath Kumar Sao @ Baijya Nath Sao Son of Rajendra Sao, Resident of Village- Netaul, P.S. Kadirganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna 3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The Sub Divisional Officer, Masaurhi, Patna.

6.

The Circle Officer, Dhanarua, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Respondent/s :

Md. Khursid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that for the same set of land, the father of the petitioner has filed a Title Suit No. 18 of 2023 before the Sub Judge, Masaurhi for declaration of the title in favour of the plaintiff which is still pending for consideration before the Sub-Judge, Masaurhi. He further submits that from perusal of the Annexure-B of the counter affidavit, it appears that the land in question are Gairmazarua Aam Nala and Bakast Malik and not a Wakaf property which is the subject matter of the land in question.

Patna High Court CWJC No.3649 of 2021(5) dt.02-09-2024 2/2

3. In view of the aforesaid fact that the Title Suit No. 18 of 2023 is still pending before the Sub-Judge, Masaurhi for the same set of land, the writ petition is disposed of and the party shall abide the outcome of the Title Suit No. 18 of 2023.

4. Accordingly, the writ petition stands disposed of. (Rajesh Kumar Verma, J) Vanisha/- U