Ganesh Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6051 of 2025 ====================================================== Ganesh Choubey Son of Late Kailash Choubey, Resident of Village- Saithu, P.O.- Jamoli, P.S- Rajpur, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar though the Additional Chief Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The Collector, Buxar.

3.

The Additional Collector, Buxar.

4.

The Sub Divisional Officer, Sadar, Buxar.

5.

The Circle Officer, Rajpur, Buxar.

6.

Sri Venkateshwar Choubey Son of late Indra Choubey, Resident of VillageSaithu, P.O.- Jamoli, P.S.- Rajpur, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Mani Sharma, Adv.

For the Respondent/s :

Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-04-2025 Heard Mr. Lal Mani Sharma, learned counsel for the petitioner and Mr. Ravi Ranjan, learned counsel for the State.

2. The writ petition has been filed:- "(i) For issuance of an appropriate writ for quashing of the order dated 30-12-2024 (Anx.-P/6) passed in Case no. 36/2024-25 by the Divisional Officer Sub Buxar Sadar, Buxar by which the respondent no. 4 has held that till final order by the competent Civil Court the respondent no. 6 and others will have right over

Patna High Court CWJC No.6051 of 2025(2) dt.24-04-2025 2/3 the land in question.

(ii) For issuance of an appropriate writ directing and commanding the respondents not to disturb the Title right and possession of the petitioner over the land pertaining to Thana no. 132, Chak Khata no. 24, Khesra nos. 19 and 87 total area 14 acres 01 decimal of Mouza Basantpur, Circle Rajpur, district Buxar during the pendency of Civil Suit no. 239 of 2021 Pending in the Civil Court, Buxar, after quashing the aforesaid order dated 30-12-2024 (Anx.- P/6) passed in Case no. 36/2024-25 by the respondent no. 4.

(iii) For any other relief or reliefs of which the petitioner is legally entitled to.

3. At the outset, learned State counsel has taken this Court to the order in question to show that Civil Suit No. 239/2021 is pending before the competent Civil Court and in that background, the Sub-Divisional Officer, Buxar, Sadar has simply observed that the fate of the said Title Suit will decide the ultimate title of the land in question.

4. Learned counsel for the petitioner, after some

Patna High Court CWJC No.6051 of 2025(2) dt.24-04-2025 3/3 argument, submits that he shall be bringing on record the order dated 30.12.2024 passed by the Respondent no.4-Sub Divisional Officer, Sadar, Buxar in the Civil Suit no. 239 of 2021 before the competent Civil Court after handing over the copy to the other side with the prayer to pass an appropriate order for interim relief.

5. Learned State counsel submits that the said prerogative is always available to the petitioner herein to get an order from the competent Civil Court in Civil Suit no. 239 of 2021.

6. This Court is in complete conformity with the submissions put forward by the State counsel.

7. Learned counsel for the petitioner has already shown the inclination to approach the concerned Court for the redressal of the grievance.

8. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) perwez U