Munna Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9201 of 2016 ====================================================== Munna Sah son of Late Churaman Sah resident of Village - Kanhauli Manohar Tole Chetan Chapra, P.O. Kanhauli Manohar, P.S. - Baniapur, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Revenue and Land Reforms Department, Old Secretariat, Patna.

3.

Commissioner, Saran Division, District - Chapra. 4.

District Magistrate, Saran at Chapra.

5.

Circle Officer Baniapur, District - Saran at Chapra. 6.

Sub-Divisional Magistrate, District - Saran at Chapra. 7.

Land Reforms Deputy Collector, District - Saran at Chapra. 8.

Sanjay Sah son of Late Baiju Sah resident of Village P.O. Kanhouli Manohar, P.S. Baniapur, District - Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Respondent/s :

Mr.Dr. Anshuman- SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-03-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of an appropriate writ/ writs, direction/directions, order/ orders directing the respondents to set aside the order dated 18.2.2016 passed by the District Magistrate, Saran in Land Encroachment Appeal No. 3/2015 by which the learned District Magistrate,

Patna High Court CWJC No.9201 of 2016(8) dt.13-03-2023 2/3 Saran has quashed the order dated 20.11.2015/ 2.12.2015 passed by the Circle Officer, Baniapur in Encroachment Case No. 3/2015-16.

(ii) For issuance of an appropriate writ direction, order directing the respondents to affirm the order dated 20.11.2015/2.12.2015 passed by the Circle officer, Baniapur in Encroachment Case No. 3/2015-16."

At the outset, the counsel for the parties have pointed out that the petitioner has filed a title suit bearing Title Suit No. 81 of 2015, before the learned Court of Munsif, 3rd, Chapra on same and similar issues, as are involved in the present writ petition and the private respondent no. 8 has also filed a suit bearing Title Suit No. 280 of 2012, which is also pending before the learned Court of Sub-Judge-I, Chapra.

In such view of the matter, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to seek redressal of his grouse by prosecuting the aforesaid pending suits.

Liberty so sought is granted.

Patna High Court CWJC No.9201 of 2016(8) dt.13-03-2023 3/3 The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/Saurav U