Fulena Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15766 of 2018 ====================================================== Fulena Singh Son of Late Ramashraya Singh, resident of Village- Ramdiri Nakti, P.S.- Matihani District- Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Begusarai.

3.

Addl. Collector A.D.M. Begusarai.

4.

Sub-Divisional Officer, Begusarai.

5.

Deputy Collector Land Reforms Begusarai.

6.

Circle Officer, Matihani, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dronacharya, Advocate For the Respondent/s :

Mr.Sajid Salim Khan- SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-06-2019 Mr. Dronacharya, learned counsel for the petitioner submits that during the pendency of the writ petition the respondents has demolished the structure of the petitioner in the name of removal of alleged encroachment. He submits that in the process the respondents have acted in most arbitrary and discriminatory manner. They have allowed similarly circumstanced others to continue but only the petitioner has been picked up and his structure has been demolished yesterday. However, he admits that Title Suit No. 6/2017 with regard to the land in question is pending before the Munsif, Begusarai in which notices were issued to the parties.

Patna High Court CWJC No.15766 of 2018(3) dt.19-06-2019 2/2 Considering the aforesaid, the writ petition is disposed of with liberty to the petitioner to pursue his remedy in Title Suit No. 6/2017.

The petitioner shall be restored to the original position provided the suit is decreed in his favour.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U