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Patna High CourtCWJC/9691/2012disposed

Sarjug Prasad Yadav v. The State Of Bihar And ORS

2015-09-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9691 of 2012 ====================================================== Sarjug Prasad Yadav, Son Of Late Gobind Singh Yadav, Resident Of Village- Janakpur, P.S.- Fatehpur, P.S.- Gaurichak, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Patna

3. Land Reforms Deputy Collector, Patna

4. Circle Officer, Sampat Chak, Patna

5. Parmanand Singh Yadav, Son Of Late Surya Narayan Yadav, Resident Of Village- Janakpur, P.O.- Fatehpur, P.S.- Gaurichak, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachchida Nand Singh For the Respondent nos.1to4 : Mr. Md. Harun Quareshi, AC to SC-18 For the Respondent no.5 : Mr.Naresh Dixit Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2015 Heard the parties.

The petitioner is aggrieved by the order dated 24.01.2012/04.02.2012 passed in Mutation Revision Case No.42 of 2008-09 by the respondent Additional Collector, Patna, as contained in Annexure-4, whereby the aforesaid revision application filed on behalf of the petitioner has been dismissed on the ground of pendency of Title Suit No.283 of 2010 between the parties and the order passed by the respondent D.C.L.R. has been affirmed.

It is a common case of the parties that with respect to the lands under dispute the aforesaid Title Suit No.283 of 2010 is pending before the learned Sub-Judge 1st, Patna City in which the petitioner is the plaintiff and the respondent no.5 is the defendant, besides others.

In view of the pendency of the Title Suit between the

Patna High Court CWJC No.9691 of 2012 (3) dt.22-09-2015 parties regarding lands under dispute, the present writ petition is disposed of with a liberty to the parties to raise all the issues of facts and law regarding the lands under dispute, which may be available to them, in the aforesaid pending Title Suit No.283 of 2010.

The claim of mutation of either side shall be dependent on the judgment and decree passed in the aforesaid Title Suit No.283 of 2010.

(Birendra Prasad Verma, J) Arvind/- U