Nabi Hussain And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13721 of 2014 ====================================================== 1.

Nabi Hussain Son of Late Oli Mian 2.

Toofani Prasad Son of Late Nakchhed Prasad 3.

Suresh Tiwari Son of Late Ramakant Tiwary 4.

Zakir Khan Son of Late Murtuja Khan All resident of Village- Gaura, Police Station- Kateya, Post Office- Gura, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Circle Officer, Kateya.

3.

The Deputy Collector, Land Reforms, Hathua.

4.

The Collector, Gopalganj.

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

For the Petitioner/s :

Mr.Sangeeta Sharma, Advocate For the State :

Mr. Sanjay Kumar, AC to GP-23 For the private respondent:

Mr. Sanjay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024 The present writ petition has been filed seeking the following relief:- "1. That the writ petition is being filed for issuance of writ in the nature of certiorari quashing the Notification dated 28.7.2014 passed by Circle Officer, Kateya whereby the Circle Officer had ordered to the petitioners to remove the encroachments over the disputed land till 15.8.2014."

2.

At the outset, the learned counsel for the petitioners submits that the parties are agitating their grievances by approaching the learned Civil Court, Gopalganj inasmuch as three title

Patna High Court CWJC No.13721 of 2014(3) dt.08-05-2024 2/2 suits are pending adjudication and the petitioners are also a party to the said civil suits, hence the petitioners be granted liberty to prosecute the same. Liberty so sought is granted. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U