Shravan Kumar v. The Patna Municipal Corporation, Through The Commissioner

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1635 of 2018 ====================================================== Shravan Kumar son of late Lala Mahto resident of Mohalla- Chainpura, P.S. Bypass, District- Patna.

... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation, Through The Commissioner Patna Municipal Corporation, 3rd Floor, C- Block, Maurya Lok Complex, Dak Bungla Road, Patna.

2.

The Municipal Officer-cum- Executive Officer, Patna Municipal Corporation, Patna City Anchal, Patna City.

3.

The Surveyor, Patna Municipal Corporation, Patna. 4.

The State of Bihar through the District Magistrate, Patna. 5.

The Sub- Divisional Officer, Patna Sadar, Patna. 6.

The Circle Officer, Patna Sadar, Patna.

7.

The Superintendent of Police, Patna.

8.

The Station House Officer/in- Charge, Bypass Thana, Patna. 9.

Shailendra Kumar son of late Sheonarain Mahto resident of MohallaChainpura, P.S. Bypass, District- Patna. 10.

Satyendra Kumar son of late Sheonarain Mahto resident of MohallaChainpura, P.S. Bypass, District- Patna. 11.

Ravindra Kumar son of late Sheonarain Mahto resident of MohallaChainpura, P.S. Bypass, District- Patna. 12.

Surender Kumar son of late Sheonarain Mahto resident of MohallaChainpura, P.S. Bypass, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad For the Respondent/s :

Mr.Abbas Haider Mr. Syed Hassan Majid For P.M.C.

:

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-10-2022 Heard Mr. Ajay Prasad, learned counsel for the petitioner, Mr. Syed Hassan Majid, learned A.C. to Standing Counsel- VI and Mr. Sanjay Prakash Verma, learned counsel for the Patna Municipal Corporation.

Patna High Court C.Misc. No.1635 of 2018(2) dt.13-10-2022 2/3 The petitioner has challenged the order dated 23.06.2015 passed in Title Suit No. 16 / 2015 by the learned trial court by which in the title suit filed by plaintiffsrespondents the learned trial court has granted ad interim order of status quo till appearance of the defendants in the suit. Admittedly, the petitioner is not a party/defendant in the title suit.

Learned counsel for the petitioner submits that ante dated status quo order has been passed by the learned trial court on 23-06-2015 inasmuch as by order dated 05-06-2015 the Title Suit No. 16 of 2015 was admitted and the next date was fixed for 26-06-2015.

Learned counsel for the State as well as Patna Municipal Corporation submit that the petitioner has got no locus standi to challenge the impugned order when he is not a party in the title suit and the plaintiff-respondent nos. 9 to 12 have filed the title suit for declaration of their right, title and interest upon the subject land and for grant of permanent injunction. Learned counsel for the Patna Municipal Corporation next submits that the Municipal Corporation is defendant in the title suit and has not challenged the order dated 23-06-2015 passed in the title suit.

Patna High Court C.Misc. No.1635 of 2018(2) dt.13-10-2022 3/3 In view of the submission made by learned counsel for the respondents and taking into consideration the fact that the petitioner is not a party in the title suit, I am not inclined to entertain this petition filed by the petitioner who is not a party before the learned trial court.

Accordingly, this application stands rejected. (Anil Kumar Sinha, J) praful/- U