Binod Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14637 of 2015 ====================================================== 1.

Binod Kumar Singh and Anr Son of Devash Lal Singh resident of village - Bhatha Thana Parsa Pargana Marker, District - Saran 2.

Lalan Singh Son of Devash Lal Singh resident of village - Bhatha Thana Parsa Pargana Marker, District - Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector, Saran.

3.

The Deputy Collector Land Reforms, Saran Chapra. 4.

The Circle officer, Chapra, District - Saran. 5.

Ramashish Pandit Son of Sadhu Pandit.

6.

Shiv Prasad Pandit Son of Ramashish Pandit.

7.

Shiv Shankar Pandit Son of Ramashish Pandit.

8.

Rajendra Pandit Son of Ramashish Pandit.

9.

Brajesh Pandit Son of Shiv Prasad Pandit All are resident of village - Bhatha thana Parsa Hall Pargana Maker, District - Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirmal Kumar, Adv.

For the Respondent/s :

Mr. S.P.Singh, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed directing the respondent not to interfere the Right, Title, Interest over the land in question.

3. Counsel for the petitioners submits that the petitioner is in possession of the land since 1941 but at the instance of private respondent nos.5 to 9 they are being

Patna High Court CWJC No.14637 of 2015(2) dt.17-08-2023 2/2 disturbed. Counsel further submits the said land has been purchased by the ancestors of the petitioners by auction sale from the order of the Civil Court, Saran, Chapra. The land was in the nature of the topo land.

4. Counsel for the State submits that the reliefs sought by the petitioners are basically injunctory reliefs against the respondent, which can be granted by a competent civil court.

5. It transpires to this court also that the demanded reliefs to not to interfere the Right, Title, Interest over the land in question of the petitioners is basically a relief of injunction, therefor, this writ petition disposed off directing the petitioners to avail his remedy before the competent court. (Dr. Anshuman, J.) Ashishsingh/- U