Yogendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6888 of 2015 ====================================================== Yogendra Singh Son of Late Chhathu Singh @ Chhathu Bhagat, Resident of Village- Dhanachak, P.O.- Radhaganj, P.S. and Anchal- Phulwaria, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Deputy Collector Land Reforms Hathua, District- Gopalganj. 3.

Anchal Adhikari, Phulwaria, District- Gopalganj. 4.

Minta Devi, Wife of Late Radha Singh @ Radha Bhagat. 5.

Rabindra Singh @ Rabindra Bhagat.

6.

Jitendra Singh @ Jitendra Bhagat.

7.

Harendra Singh @ Harendra Bhagat. All sons of Late Radha Singh @ Radha Bhagat.

8.

Nathu Singh @ Nathu Bhagat 9.

Parmatma Singh @ Parmatma Bhagat Both Sons of Late Lachchan Bhagat. 10.

Kamalawati Devi, Wife of Late Mahatma Singh @ Mahatma Bhagat. Serial No. 4 to 10 are resident of Village- Dhanachak, P.O.- Radhaganj, P.S. and Anchal- Phulwaria, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Adv.

For the Respondent/s :

Mr. Suresh Kr. Singh, (AAG-13) :

Mr. Arya Achint, (AC to AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-07-2023 Counsel for the petitioner and counsel for the State are present.

2. The present writ petition has been filed for implementation of order dated 31.05.2014 passed by the Deputy Collector Land Reform, Hathua, Gopalganj in Land Dispute Case No.97 of 2013-14.

Patna High Court CWJC No.6888 of 2015 dt.12-07-2023 2/3

3. Counsel for the petitioner submits that the said order has been passed in petitioner's favour but the order could not be implemented till date.

4. Counsel for the petitioner submits that a counteraffidavit has been filed in this case, in which it has come that against the order dated 31.05.2014, passed in Land Dispute Case No.97 of 2013-14 the private respondent has filed a Bihar Land Disputes Resolution appeal no.186 of 2014, which is pending before the Commissioner, Saran, Chapra.

5. Counsel for the State submits that the petitioner himself filed a Title Suit No.426 of 2014 before the Sub Judge-I, Gopalganj demanding the same relief as he demanded in the Land Dispute Case No.97 of 2013-14.

6. Upon going through the records and hearing the parties, this Court is of the view that when the petitioner himself reported to went for a Title Suit for the same relief then filing this writ petition is unnecessary, therefore, this writ petition is hereby dismissed.

7. Liberty is hereby granted to the petitioner that upon finality of the Title Suit No.426 of 2014, the petitioner may pursue his case in accordance with law.

8. With the aforesaid liberty, this writ petition is

Patna High Court CWJC No.6888 of 2015 dt.12-07-2023 3/3 hereby dismissed.

(Dr. Anshuman, J.) Ashishsingh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2023 Transmission Date NA