Dular Chandra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9868 of 2019 ====================================================== Dular Chandra Paswan ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Verma For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) For the Bhoodan Committee :

Mrs. Alka Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-11-2022 Heard the parties.

The dispute of the petitioner and the private respondents cannot be decided by this Court in writ proceeding. Learned counsel appearing for the petitioner has agreed to the fact that the filing of civil suit is the only solution in the matter. The private respondents have also agreed to cooperate in the civil suit which is filed by the petitioner for declaration of title and recovery of possession. In these circumstances, this application is disposed of with an observation that if the petitioner files a civil suit for declaration of his title and recovery of possession then the same shall be decided by the concerned Court within one year of its filing.

Patna High Court CWJC No.9868 of 2019(15) dt.23-11-2022 2/2 Learned counsels for the private respondents have given an undertaking that they will co-operate in the title suit and will not unnecessarily delay the disposal of the title suit. If the title suit is filed by the petitioner then the same shall be disposed of within a year. The Court below will proceed ex-parte if the private respondents who may be the defendants in the case do not co-operate in the disposal of the title suit. (Sandeep Kumar, J) Vikas/Sunny U