Ram Ratan Tanti And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7675 of 2015 ====================================================== 1.

Ram Ratan Tanti 2.

Ram Japo Tanti both son of Late Gaguni Tanti 3.

Most Sunita Devi widow of Late Ganga Sagar Tanti 4.

Jibachh Tanti, Minor 5.

Manish Tanti, minor both sons of Late Ganga Sagar Tanti, Both minor under the guardianship of their mother Most Sunita D 6.

Khushboo Kumari daughter of Late Ganga Sagar Tanti, All resident of village Belsandi, P.s. Bithan, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

2.

District Collector, Samastipur.

3.

Anchal Adhikari, Bithan, P.S. Bithan, Dist - Samastipur. 4.

Kairti Devi wife of Brahmdeo Tanti 5.

Brahmdeo Tanti 6.

Dhanraj Tanti 7.

Saudagar Tanti all sons of Gonar Tanti All resident of village Belsandi, P.S. Bithan, District- Samastipur.

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

For the Petitioner/s :

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

Mr.Gp29- Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present application is being filed for quashing Memo No. 763 dated 22.12.2014 issued from the office of Anchal Adhikari, Bithan, where under direction was given to the petitioners to remove Jhopri from the Plot no.

Patna High Court CWJC No.7675 of 2015(3) dt.14-08-2024 2/2 711 under Khata No. 185, measuring 2.5 decimals, failing which the same will be removed by police force on their cost, practically taking away the jurisdiction of the Civil Court in the matter when the matter is subjudice before the appellate Court."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to prosecute the pending title appeal, filed by the petitioners, bearing Title Appeal No.50 of 2008, which is pending adjudication, before the learned Civil Court, Samastipur. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U