Ram Nagina Bind And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17684 of 2015 ====================================================== 1.

Ram Nagina Bind.

2.

Ramjee Bind, Both are Sons of Late Jaggu Bind. Both are Resident of Village Akhauripur Gola, Post Office- Akhauripur, Police Station- Buxar Mufassil District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Buxar. 2.

The District Magistrate, cum Collector, Buxar. 3.

District Land Acquisition Officer, Buxar.

4.

The Circle Officer, Chausa Circle, District Buxar. ... ... Respondents 1st Set.

5.

Rajendra Bind.

6.

Loknath Bind.

7.

Birendra Bind.

8.

Surendra Bind.

Respondent Nos.5 to 8 are sons of Paspat Bind. 9.

Ram Niwas Bind.

10.

Shyam Rati Bind.

11.

Milay Bind.

Respondent Nos.9 to 11 are sons of Pashupati Bind. 12.

Sudarshan Bind.

13.

Radha Mohan Bind.

Respondent Nos.12 to 13 are sons of Shivmuni Bind 14.

Parikshan Bind.

15.

Jyoti Bind.

Respondent Nos.14 to 15 are sons of late Rajmuni Bind 16.

Mangal Bind.

17.

Kamal Bind.

18.

Ram Bachan Bind 16 to 18 are sons of Late Asha Bind 19.

Sipahi Bind.

20.

Sahdeo Bind.

21.

Mohan Bind.

22.

Rajgrih Bind.

23.

Dariga Bind Respondent Nos.19 to 23 are sons of Late Bachcha Lal Bind. Respondent Nos.5 to 23 all are Resident of Village Akhauripur Gola, Post Office- Akhauripur, Police Station- Buxar Mufassil, District- Buxar. ... ... Respondents 2nd Set.

Patna High Court CWJC No.17684 of 2015(3) dt.12-09-2023 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Rai Sharma, Adv.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8.

:

Mr. Upendra Kumar Singh, AC to GA-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2023 Learned counsel for the petitioners and learned counsel for the State are present.

2. The present writ petition has been filed seeking direction to respondent no.3 to restrain him from releasing the award amount of land pertaining to Revenue P.S. No.36, Mauza Akhauripur, Khesra 192 & 197 of an area of 1 Acre 7 Dismil of petitioners for the reason that Title Partition Suit No.412 of 2013, Title Partition Suit No.286 of 2015 as well as Title Partition Suit No.501 of 2015 are pending in the Civil Court Buxar between the parties.

3. Learned counsel for the State submits that petitioners have challenged the order dated 03.08.2015 passed by the District Land Acquisition Officer, Buxar. He further submits that from the said order sheet, it transpires that the petitioner has earlier moved before this Hon'ble Court in C.W.J.C. No.7776 of 1999.

4. Upon specific query from the Court, learned counsel for the petitioners submits that he has not suppressed anything rather he has categorically stated in paragraph no.6 of

Patna High Court CWJC No.17684 of 2015(3) dt.12-09-2023 3/3 the writ petition that C.W.J.C. No.8726 of 1999 stands disposed off transferring the matter before the Bihar Land Tribunal and before the Bihar Land Tribunal the matter is still pending.

5. It transpires upon verification made by the Court Master of this Court that not one rather two C.W.J.C. being C.W.J.C. No.7776 of 1999 and C.W.J.C. No.8726 of 1999 were filed by the same petitioners before this Hon'ble Court which have been decided referring this matter before the Bihar Land Tribunal.

6. Since the present writ petition has been filed by the petitioners suppressing the material facts, therefore, this Court is not inclined to interfere in this case.

7. Accordingly, the present Writ Petition stands dismissed.

(Dr. Anshuman, J.) Ritik/- U