Sheojee Choubey And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6710 of 2011 ======================================================

1. Sheojee Choubey, son of late Balbhadra Choubey, resident of villageHetampur, P.S.-Tiyar, District-Bhojpur, presently residing at HIG Housing Board Colony, Sector-7, Block-7, Flat No-6, Bahadurpur, Patna.

2. Shashi Bhushan Choubey, son of late Balbhadra Choubey, resident of village-Hetampur, P.S.-Tiyar, District-Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Bhojpur at Arah.

3. The Sub-Divisional Officer, Jagdishpur, District-Bhojpur.

4. The Deputy Collector, Land Reforms at Jagdishpur, District-Bhojpur.

5. The Circle Officer, Jagdishpur, District-Bhojpur.

6. Mostt. Boula Kunwar, wife of late Jagannath Choubey, resident of village-Hetampur, P.S.-Tiyar, District-Bhojpur

7. Ramjee Choubey, son of late Jagdeo Choubey, resident of villageHetampur, P.S.-Tiyar, District-Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. (Dr.) Sanjay Kumar Singh Mr.Shivaji Mishra For the Respondent nos.1 to5: Mr. AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-05-2015 Heard learned counsel for the petitioners and learned State counsel appearing on behalf of the respondent nos.1 to 5. After having heard the parties and on consideration of the materials available on record, this Court is of the opinion that the issues raised on behalf of the petitioners with respect to the lands under dispute mentioned in the writ petition can be properly gone into and effectively decided by a Civil Court of competent jurisdiction after recording evidence of the parties. In above view of the matter, the writ petition is dismissed with a liberty to the petitioners to approach the Civil Court of competent jurisdiction by filing a properly framed suit after impleading all necessary parties for redressal of their valid

Patna High Court CWJC No.6710 of 2011 (2) dt.11-05-2015 grievances or for grant of appropriate relief(s). If such a Civil Suit is filed on behalf of the petitioners within a period of three months from today with a certified copy of the present order, then the same shall be decided on its own merits on the basis of materials/evidence produced by the parties strictly in accordance with law, but without being prejudiced/influenced by the dismissal of the present writ petition. (Birendra Prasad Verma, J) Arvind/- U