Gopal Ji Sah v. The District Magistrate Cum- Collector, Sitamarhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9165 of 2022 ====================================================== Gopal Ji Sah Son of Late Ramchandra Sah, Resident of Village- Marpa, Ishardas, P.S.- Mejorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The District Magistrate Cum- Collector, Sitamarhi District- Sitamarhi. 2.

The Additional Collector, Sitamarhi, District- Sitamarhi. 3.

The Learned Munsif Sadar, Sitamarhi.

4.

The Circle Officer Suppi, District- Sitamarhi. 5.

Lalan Singh Son of Late Jyotnarayan Singh, Resident of Village- Marpa Ishardas, P.S.- Mejorganj, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Respondent/s :

Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2023 The present writ petition has been filed seeking the following reliefs:- "1. For issuance of appropriate order/orders, writ/writs, direction/directions in the nature of mandamus commanding the respondents for execution of Execution Case No.-03 of 1998/10/1999 arises out of order dated07.08.1998 in Title Suit No.-134 of 1996 but till date execution proceeding has not been concluded.

(ii). For further issuance of appropriate order/orders, writ/writs, direction/directions in the nature of mandamus commanding the

Patna High Court CWJC No.9165 of 2022(2) dt.27-04-2023 2/3 respondents to take appropriate action on the application filed by the petitioner for execution of Execution Case No- 03 of 1998/10/1999 arises out of Title Suit No-134 of 1996 bearing Khata No- 390, Kheshra No- 1436, Thana No74, Area-31⁄2 Decimal, Western South, Kheshra No-1441, Area 1 Decimal, South total Area 41⁄2 Decimal, Chauhadi - North - Lalan Singh, South- Lalan Singh, East-Siwan Pipra, WestPanap Rai, Khata No-201, Kheshra No-1398, Area-39 Decimal, Chauhadi- North- Sitaram Rai, at present - Lalan Singh, South- Upendra Singh @ Badha Singh, East- Bihar Government Land, and Ramchandra Singh, West- Jaharuddin Miya in the Court of Munsif Sadar, Sitamarhi but till date no action was taken by the Court concerned which creates a doubt about the action of the respondents.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Trial Court for expediting the proceedings of the execution case in question. Liberty, so sought, is granted.

It is needless to state that in case, appropriate petition is filed for expediting the proceedings of the aforesaid execution case, the learned Trial Court shall consider the same and act diligently.

Patna High Court CWJC No.9165 of 2022(2) dt.27-04-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U