Sri Sri 108 Nurshing Jee Bhagw v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19764 of 2011 ====================================================== Sri Sri 108 Nurshing Jee Bhagwan Thacoorbari Through Krishnadeo Singh Son Of Late Jagdish Mandal Residento F Mohalla-Nasarathkhani, P.S.- Lalmatia (Nathnagar), District-Bhagalpur, as an Executive Member of the Local Committee duly appointed by the Bihar Hindu Religious Trust Board, Patna.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. The Additional Collector, Land Reforms, Bhagalpur.
3. The Deputy Collector, Land Reforms, Bhagalpur.
4. The Circle Officer, Nathnagar, District-Bhagalpur.
5. Smt. Sumitra Devi Wife of Tek Narayan Singh Resident of VillageNashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
6. Dharmendra Narayan Singh Son Of Late Tek Narayan Singh Resident Of Village-Nashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
7. Dhurub Joyoti Singh Son Of Late Tek Narayan Singh Resident Of Village-Nashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
8. Dhananjay Singh Son of Late Tek Narayan Singh Resident of VillageNashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
9. Dharnidhar Singh Son Of Late Tek Narayan Singh Resident Of VillageNashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
10. Dhiran Singh Son of Late Bihari Singh Resident of VillageNashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
11. Smt. Nirmala Devi Wife of Sri Dhiran Singh Resident of VillageNashrathkhani, P.S.-Lalmatia (Nathnagar), District-Bhagalpur.
12. President or Administrator, Bihar Hindu Religious Trust Board, Bidyapati Marg, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Raman Verma, Adv. For the Respondent nos.1to4 : Mrs. Nutan Sharma, AC to GA-1 For the Respondent nos.5to11 : Dr.Manoj Kumar, Adv. For the Respondent no.12 : Mr.Shekhar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-08-2016 Heard the parties.
The matters at issue are the orders of mutation passed by the revenue authorities with respect to the lands in question, fully detailed in paragraph 3 of the writ petition. Admittedly, the claim of mutation raised on behalf of
Patna High Court CWJC No.19764 of 2011 (4) dt.20-08-2016 the petitioner with respect to the lands in question has been rejected by the original authority, the appellate authority as also the revisional authority. Furthermore, the learned counsel appearing on behalf of the parties are unanimous in their submissions that the civil suits are pending in the court below amongst the parties with respect to the lands in question. In above view of the matter, this Court does not feel persuaded to interfere with the orders impugned. Accordingly, the present writ petition is dismissed.
However, a liberty is granted to the petitioner to raise all the issues of facts and law, which may be available to him with respect to the lands in question, in the aforesaid pending title suit or alternatively the petitioner may bring a fresh title suit after impleading all the necessary parties including the private respondents herein for grant of appropriate relief(s) with respect to the lands in question.
(Birendra Prasad Verma, J) Arvind/- U