Rajeev Ranjan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13208 of 2016 =========================================================== Rajeev Ranjan Son of Hare Ram Prasad Roy Resident of Village/Mohalla - Hirdayganj, Ward No. 6, P.S. - Sahayak Thana, Katihar, District - Katihar. .... .... Petitioner
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna.
2. District Magistrate, Katihar.
3. Sub-Divisional Magistrate, Katihar.
4. Anchal Adhikari, Katihar.
5. Circle Inspector, Katihar, Anchal - Katihar.
6. Zila Yojna Padadhikari, Katihar.
7. Executive Engineer, Local Area Engineering Organization Works Division No. 1, Katihar.
8. In-charge Sahayak Thana, Katihar.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Pravin Chandra Prasad, Advocate For the State : M/s Sajid Salim Khan- SC25 Rampravesh Nath Tiwari, AC to SC 25 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 17-08-2016 Heard learned counsel for the petitioner and the State. Grievance of the petitioner is that road is being constructed by the State authorities on the raiyati land of the petitioner.
However, it is pointed out by the State that the petitioner himself has filed Title Suit No. 61 of 2016. A copy of the plaint of that has been appended as Annexure 3 which is for declaration of title over the concerned disputed land on the ground that he has purchased the same through a registered sale deed from
Patna High Court CWJC No.13208 of 2016 dt.17-08-2016 2/2 the defendant 2nd party. He has also sought permanent injunction in favour of the petitioner restraining the defendant 1st party for constructing road over the purchased suit land. In my view since the petitioner has already filed title suit for declaration of title, the present writ application would not be maintainable for restraining the other side from making any construction and, as such, this writ application stands disposed of with a liberty to the petitioner to raise such issue before the concerned court itself which in the seisin of the concerned title suit. (Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2016 Transmission Date NA