Narayan Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7844 of 2016 ====================================================== 1.

Narayan Mahto Son of late Ramswrup Mahto 2.

Baccha Lal Choupal Son of late Jhoru lal Both Resident of Village- Paschim Pali, College Road, Police StationDistrict Kishanganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Kishanganj. 2.

The District Magistrate, Kishanganj.

3.

The Sub Divisional Magistrate, Kishanganj.

4.

The Circle Officer, Kishanganj.

5.

The Block Development Officer, Kishanganj 6.

The Executive Magistrate, Kishanganj.

7.

The Superintendent of Police, Kishanganj 8.

Mr. Kamal Kumar Bhaiya Son of Late Shankar Lal Bhaiya Resident of 25, Kalikrishna Tagore Street , 5th Floor, Kolkata-700007 9.

Mr. Wasi Ahmad Son of late Md. Ishaque Resident of Mohalla Paschim Pali, Ward no. 30, PSDistrict Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Respondent/s :

Mr.Md.Zeeshan Kalim, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) For a direction to the respondent authorities to restore the possession of the petitioners over plot nos. 501, 502(ka) and 502(kha), C.S. Khata no. 21 and 27, Municipal Survey Khata No. 245, Than No. 47, Touzi No.

1123, Holding No. 225, Ward No. 29/2, situated at Mauza-Line, Kishanganj and DistrictKishanganj, having total area of 0-16.55

Patna High Court CWJC No.7844 of 2016(4) dt.03-10-2024 2/2 decimal in the light of order dated 18.09.2015 passed in CWJC No. 15032/2015;

(b) Further to restrain the respondent nos. 8 and 9 from disturbing the peaceful possession of the petitioners in connivance with respondent no.3;

(c) Also to restrain the respondent nos. 8 and 9 from selling the said plots in connivance with respondent no.3, on which the petitioners and their ancestors are residing since 1940."

2. Undisputedly, it appears from the pleadings, made in the present case that a serious civil dispute, pertaining to the land in question is existing, hence the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law, including that of filing a civil suit before the learned Civil Court having competent jurisdiction for redressal of his aforesaid grievances. Liberty so sought is granted.

3. Accordingly, the present petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U