Kalawati @ Kalawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17144 of 2015 ====================================================== Kalawati @ Kalawati Devi Wife of Kapildev Singh, resident of VillageBankerwa, P.O.- Persauna, P.S.- Parsa, District- Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Saran, Chapra.

3.

The Sub Divisional Officer, Sadar, Chapra, Saran. 4.

Circle Officer, Parsa, P.O. and P.S. Parsa, District Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Mr.Amit Prakash, GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 Reg: Interlocutory Application No.01 of 2024

1. The present I.A. has been filed for substituting the legal heirs of the deceased petitioner, who is stated to have died on 15.05.2022.

2. I.A. No.01 of 2024, being formal in nature is not opposed, hence is allowed.

3. The Registry is directed to implead the legal heirs of the deceased petitioner in her place, details whereof have been mentioned in paragraph no.06 of the present petition. Reg: CWJC No.17144 of 2015

4. The present writ petition has been filed seeking the

Patna High Court CWJC No.17144 of 2015(3) dt.05-09-2024 2/3 following relief(s):- "1. That present writ petition is being preferred for issuance of an appropriate writ/writs, order/orders, direction/directions to respondent authorities for restoration of construction or its position as on 27.01.2014 in view of the interim order of status-quo passed by IInd Munsif, Chapra in Title Suit no. 11/2015 as the concerned authority has demolished the residential house and other construction upon lands, ignoring its interim order of status quo."

5. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Court of Munsif-II, Chapra and file appropriate petition in the pending title suit, bearing Title Suit No.11 of 2015, complaining therein, regarding the non-compliance of the interim order dated 27.01.2014, whereby and whereunder an order of status quo was passed in favor of the petitioner. Liberty so sought is granted.

6. It is needless to state that in case appropriate petition is filed by the petitioner, regarding disobedience of the order dated 27.01.2024 by the respondents, before the learned Court of Munsif-II, Chapra/concerned Court, within a period of four weeks from today, the learned trial Court shall consider the same, in accordance with law and pass appropriate orders,

Patna High Court CWJC No.17144 of 2015(3) dt.05-09-2024 3/3 forthwith.

7. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U