Rameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5007 of 2023 ====================================================== Rameshwar Rai Son of Late Deepa Lal Rai, Resident of Village- Patsharma, Police Station - Gaighat, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms and Revenue, Patna, Bihar.

2.

The District Magistrate cum Collector, Muzaffarpur. 3.

The Circle Officer, Gaighat, District - Muzaffarpur. 4.

Dr. Shashi Ranjan Kumar, Son of Dr. Ram Pavitra Rai, Resident of Village - Patsharma, Police Station - Gaighat, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Singh, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That by this writ application the petitioner seek indulgence of this Hon'ble Court to issue a writ in the nature of Mandamus and to declare that the action of the respondents, particularly the respondent no. 3 is contrary to law, malafide, whimsical and all cannon of justice and equity, and a direction/ directions be given to the respondent no. 3 to restore the peaceful possession over the land in dispute declaring the land an ancestral property of the petitioner and the petitioner be properly compensated."

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.5007 of 2023(2) dt.10-10-2023 2/2 seeks liberty on behalf of the petitioner to prosecute the title suit already filed by him bearing Title Suit No.954 of 2022, pending before the learned Court of Sub-Judge-Ist ,(East), Muzaffarpur, however, seeks some protection during the interregnum period, in order to obtain injunction in the pending suit. Liberty so sought is granted.

3. It is needless to state that for a period of four weeks from today, status quo existing as on today qua the land/house of the petitioner in question shall be maintained in order to enable the petitioner to file appropriate petition, before the learned Trial Court in the pending title suit for grant of appropriate interim orders.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U