Md. Zakir Khan v. The State Of Bihar And ORS

Patna High Court CWJC No.10340 of 2014 (2) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10340 of 2014 ====================================================== Md. Zakir Khan son of Late Shakir Khan resident of Kachahry Masjid, Under Ward No. 9 within Kishanganj Municipality P.O. P.S. and District Kishanganj .... .... Petitioner.

Versus

1. The State of Bihar through the Collector Kishanganj, District - Kishanganj

2. The Executive Engineer, P.W.D. Kishanganj, District - Kishanganj

3. Sub - Divisional Officer, Kishanganj, District - Kishanganj.Respondents. ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Singh For the Respondent/s : Mr. Gp30-Raju Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 28-06-2016 No body appears on behalf of the petitioner.

Perused the impugned order as well as averments made in the application.

This application has been filed under Article 227 of the Constitution of India seeking a direction to the respondents not to demolish the part of the residential house of the petitioner over the suit land and grant injunction in connection with Title Suit No.30/1996. The further prayer has been made to quash the impugned order dated 19.05.2014 whereby the prayer for injunction as made by the plaintiff-petitioner has been rejected. It is manifest that the petition filed by the plaintiff-petitioner under Order 39 Rule 1 and 2 C.P.C. praying for restraining from the residential house over the suit land has been rejected by order dated 19.05.2014. The said order is appellable.

Patna High Court CWJC No.10340 of 2014 (2) dt.28-06-2016 In that view of the matter, the present application is held to be not maintainable and is dismissed as such.

(V. Nath, J) Nitesh/- U