Patna High CourtCWJC/14238/2014dfd for non appearance

Rajeshwar Thakur v. The State Of Bihar And ORS

2016-09-26Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14238 of 2014 ====================================================== Rajeshwar Thakur son of late Paras Thakur of village - Hemantpur, P.S. - Dariyapur, P.O. - Dariyapur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Saran (Chapra).

3. The Addl. Collector, Saran (Chapra).

4. The Dy. Collector Land Reforms, Sonpur, Saran (Chapra).

5. Circle Officer, Dariyapur, Saran (Chapra).

6. Sheonath Thakur son of late Jhagru Thakur

7. Deo Narayan Thakur son of Sugriv Thakur

8. Sheo Kumar son of late Bhinath Thakur.

9. Bhuneshwar Thakur son of late Satya Narayan Thakur

10. Most. Shushila Devi wife of Late Udho Thakur.

11. Indrajeet Thakur son of late Udho Thakur

12. Raju Thakur son of late Udho Thakur

13. Jhunna Thakur son of late Udho Thakur

14. Durgawati Kumari Devi D/o Late Udho Thakur

15. Usha Kumari Devi D/o Late Udho Thakur.

16. Baby Kumari D/o Late Udho Thakur Resident of village - Hemantpur, P.S. - Dariyapur, District - Saran.

17. Mangal Thakur son of late Gaya Thakur

18. Triloki Thakur son of late Arjun Thakur

19. Muktinath Thakur son of late Bhrigunath Thakur

20. Baleshwar Thakur son of late Bhrigunath Thakur Resident of village - Hemantpur, P.S. - Dariyapur, District - Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the Respondent Nos. 1 to 5 : Mr. Rajesh Kr. Sinha, AC to G.P. 23 For the Respondent No. 6 to 8 and 10 to 13: Md. Waliur Rahman, Adv. Mr. Manoj Kumar, Adv.

Mar. Avinash Kumar, Adv.

Mr. Santosh Kumar, Adv.

Mr. Chandan Kumar, Adv.

Mr. Namrata Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-09-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on his behalf is printed in the

Patna High Court CWJC No.14238 of 2014 (2) dt.26-09-2016 2/2 daily cause list.

The learned State counsel appearing on behalf of the respondent nos. 1 to 5 as also the learned counsel appearing on behalf of the respondent nos. 6 to 8 and 10 to 13, on the other hand, submit that with respect to the lands in question, Title Suit No. 913 of 2013 is still pending in the court of the learned SubJudge-I, Chapra. Therefore, according to them, the petitioner may be relegated to the civil court with a liberty to raise all the issues of facts and law, which may be available to him, with respect to the lands in question. It is pleaded by them that in view of pendency of the title suit between the parties, the issue raised herein in the present case with respect to the lands in question cannot be effectively decided in the present proceeding. Be that as it may, since none is appearing on behalf of the petitioner, the present writ petition stands dismissed for want of prosecution.

(Birendra Prasad Verma, J) BTiwary/- U