Shankar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7817 of 2013 ======================================================

1. Shankar Mahto S/O Late Jagiswar Mahto Resident Of Village- Patsara, P.S.- Piar, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Muzaffarpur, DistrictMuzaffarpur

2. The Collector, Muzaffarpur, District- Muzaffarpur

3. The Dy. Collector Land Reforms (East), Muzaffarpur, DistrictMuzaffarpur

4. The Sub-Divisional Officer, Muzaffarpur, District- Muzaffarpur

5. The Circle Officer, Bandra, P.S.- Piar, District- Muzaffarpur

6. The Circle Officer, Muraul, P.S.- Piar, District- Muzaffarpur

7. Sonelal Ram S/O Late Dharmachand Ram Resident Of Village- Patsara, P.S.- Piar, District- Muzaffarpur

8. Baiju Ram S/O Sonelal Ram Resident Of Village- Patsara, P.S.- Piar, District- Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhu Prasun For the Respondent/s : Mr. Ambika Bhagat ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner, Mr. Ambika Bhagat, learned counsel for the private respondents as well as the State.

Without disclosing specifically the basis of title over the subject land appertaining to Khata No. 391, Khesra No. 1764 measuring 1.20 acres situate in village Patsara within Piar police station in the district of Muzaffarpur, this writ application has been filed, inter alia, for a direction upon the private

Patna High Court CWJC No.7817 of 2013 (3) dt.09-02-2016 respondents not to dispossess the petitioner from the land in question.

Learned counsel for the petitioner states that during pendency of the writ application private respondent nos. 7 and 8 moved the Deputy Collector Land Reforms, Muzaffarpur East under the Bihar Land Disputes Resolution Act, 2009 wherein the petitioner also intervened.

The Deputy Collector Land Reforms, Muzaffarpur East by order dated 08.06.2015 passed in Bihar Land Dispute Resolution Case No. 139 of 2012-13 has declined to adjudicate upon the claims of the parties in view of the pendency of this writ application. A photo copy of the said order has been produced in Court by the learned counsel for the petitioner which is kept on record marked 'X' for identification.

Mr. Ambika Bhagat, learned counsel appearing for the private respondents, has not disputed the aforesaid contention.

The matter is pending consideration before the authority under the said Act and as such the present writ application should be disposed of enabling the Deputy Collector Land Reforms, in seisin of the case, to adjudicate upon the rival claims of the parties. I order accordingly.

Patna High Court CWJC No.7817 of 2013 (3) dt.09-02-2016 This writ application is disposed of with the observation aforesaid.

(Kishore Kumar Mandal, J) Amin/- U