Shyam Bihari Tiwary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9320 of 2014 ======================================================

1. Shyam Bihari Tiwary son of Late Jangali Tiwary,

2. Uma Shanker Tiwary son of Late Jangali Tiwary,

3. Rama Shankar Tiwary son of Late Jangali Tiwary, All are residents of village+ Post Office- Asha Parari, P.S.- Simari, DistrictBuxar, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Buxar

3. The Sub-Divisional Officer, Buxar

4. The Circle Officer, Simari, Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Pandey For the Respondent/s : Mr. Sc5- Satyadeo Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-10-2016 Heard Mr. Pandey for the petitioners.

The writ application calls in question the legality of the communication dated 03.05.2014 issued by the respondent Anchal Adhikari, Simari, Buxar (Annexure-8). On perusal thereof, it appears the land claimed by the petitioners was sought to be measured in the light of the order passed by this Court. It has been submitted on behalf of the petitioner that at least three suits being Title Suit Nos. 91 of 2002, 74 of 1989 and 175 of 1989 are pending in the Court below in relation to the land which is the subject matter of measurement wherein the petitioners are arrayed as defendants. If that be the case then it will be open to the petitioners to approach the Court where the suits are pending for

Patna High Court CWJC No.9320 of 2014 (2) dt.25-10-2016 2/2 any interim order to be passed in accordance with law. The writ application stands disposed of granting the petitioners the said liberty.

(Kishore Kumar Mandal, J) Pankaj/- U