Indira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7348 of 2023 ====================================================== Indira Devi Wife of Late Umesh Bhagat, Resident of Village- Chhajan Pasawara, P.O.- Chhajan Harishankar, P.S.- Kudhni, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Muzaffarpur.

3.

The Senior Superintendent of Police, Muzaffarpur. 4.

The D.Y. S.P. (West), Muzaffarpur.

5.

The Sub-Divisional Magistrate, Muzaffarpur.

6.

L.R.D.C. (West), Muzaffarpur.

7.

The Circle Officer, Kudhni, Muzaffarpur.

8.

The S.H.O. (Turki O.P.), Kudhni, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devesh Shankaran, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 1.

The present writ petition has been filed seeking the following relief:- "That the present writ application is being filed against illegal, arbitrary and malafide action of respondents particularly respondent No.7, who without following the procedure and without considering the fact that the present dispute with regard to R.S. Khata No.2719 R.S. Plot No.3572 area 3/4 decimal from West out of 0.03 decimal situated in Village- Harishankar Tole, Pasarwara, P.S. & Anchal- Kudhani is Sub-Judice before the court of Competent Jurisdiction bearing Title Suit No.6/2021 on which a residential house was there inspite

Patna High Court CWJC No.7348 of 2023(2) dt.07-11-2023 2/2 of that respondent No.7 illegally demolished the house of petitioner and taken into custody the entire articles of the said house like Table, Chair, Bed, Godrej, Clothes, Kitchen hold articles, Boxes and Jewellery etc." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prosecute the title suit bearing Title Suit No.06 of 2022, which is pending adjudication before the learned Munsif, West Muzaffapur as also seeks a direction upon the learned Court below to consider the petition, filed by the petitioner for grant of interim orders. 3.

Having regard to the limited prayer made by the petitioner in the present case, while granting liberty to the petitioner to prosecute the aforesaid Title Suit, I deem it fit and proper to direct the learned Trial court to expeditiously consider the petition filed by the petitioner, for grant of interim relief, in accordance with law.

4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U