Patna High CourtCWJC/16638/2012disposed

Birendra Singh And ANR v. The State Of Bihar And ORS

2015-10-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16638 of 2012 ======================================================

1. Birendra Singh, son of late Chandrika Singh

2. Braj Kishore Singh, son of late Chandrika Singh Both resident of village-Chikani, P.S.-Raxaul, District-East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Land Revenue and Reform, Government of Bihar, Patna.

3. The Director Land Acquisition, Government of Bihar, Patna.

4. The Collector, East Champaran.

5. The Additional Collector, East Champaran.

6. The District Land Acquisition Officer, East Champaran.

7. The Circle Officer, Raxaul, District-East Champaran.

8. Narad Singh, son of late Baliram Singh

9. Awadh Kishore Singh, son of late Baliram Singh

10. Deobrat Singh, son of late Ram Ekbal Singh

11. Shobhanti Devi, wife of late Bipin Singh

12. Sidhant Singh, son of late Bipin Singh

13. Most. Umrawati Kuar, wife of late Ramagya Singh

14. Kamlesh Singh, son of late Ramagya Singh All resident of village-Chikani, P.S.-Raxual, District-East Champaran.

15. Mithilesh Singh, son of late Chandrika Singh

16. Dilip Singh, son of late Chandrika Singh .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent nos.1to7 : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-10-2015 Heard learned counsel for the petitioners and learned AC to AG appearing on behalf of the respondent nos.1 to 7. The petitioners have filed the present writ petition seeking a direction to the respondents particularly the respondent Anchal Adhikari, Raxaul commanding him not to issue land possession certificate with respect to the lands in question, fully detailed in para 1 of the writ petition, in favour of the respondent nos.8 to 14 till final disposal of the Title (Partition) Suit No.350 of 2011 pending before the learned Sub-Judge-VII, Motihari, East

Patna High Court CWJC No.16638 of 2012 (3) dt.06-10-2015 Champaran.

Indisputably, with respect to the lands in question Title (Partition) Suit No.350 of 2011 is pending before the competent Civil Court in which the petitioners as also the respondent nos.8 to 16 are parties.

In above view of the matter, this Court is of the opinion that the petitioners shall be well advised to approach the Civil Court in the aforesaid pending Title Suit for grant of injunction.

If an appropriate petition is filed on behalf of the petitioners for grant of injunction, then the same shall be considered and decided in accordance with law after giving an opportunity of hearing to all concerned.

The writ petition stands disposed of with the observations made above.

(Birendra Prasad Verma, J) Arvind/- U