Lalbabu Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9583 of 2020 ====================================================== Lalbabu Chaubey son of Late Deotacharan Choubey @ Dev Charan Chaubey resident of Village- Bakhra, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through The District Magistrate cum Collector, Muzaffarpur.

2.

The Sub- Divisional Officer, West, Muzaffarpur. 3.

The Circle Officer, Block- Saraiya, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam, AAg-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2021 The matter has been heard online because of Covid-19 pandemic restrictions.

2. The present writ application has been filed seeking a direction to the State-Respondents to refrain from forcibly vacating the petitioner's possession over the land being Khata No. 767, Khesra No. 203 admeasuring 9 decimals of land situate at village Bakhara, Thana No. 478 in the district of Muzaffarpur.

3. It transpires from the pleadings in the writ application itself that the petitioner has filed a title suit in respect of the said land in which the State of Bihar is a party, seeking a declaration of his title over the said suit land.

4. Considering the aforesaid circumstance, it will not be appropriate for this Court to entertain the present writ

Patna High Court CWJC No.9583 of 2020(2) dt.09-04-2021 2/2 application, as the dispute relates to petitioner's title over the land in question, in respect of which a title suit is pending.

5. This writ application is accordingly dismissed. The petitioner shall, however, be at liberty to approach the court below seeking appropriate relief in accordance with law. (Chakradhari Sharan Singh, J) Rajesh/- U