Ram Nandan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10099 of 2024 ====================================================== 1.
Ram Nandan Prasad Son of Late Shiv Nandan Prasad, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
2.
Prabhu Das, Son of Late Sahodar Das, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
3.
Bhaso Ram, Son of Late Bajrangi Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
4.
Ravindra Ram, Son of Jaipal Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
5.
Baleshwar Ram, Son of Late Jaipal Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
6.
Sadan Ram, Son of Late Sadhu Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
7.
Rajkumar Ram, Son of Late Badhan Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
8.
Ram Varan Ram, Son of Late Bengali Ram, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
9.
Nandelal Das, Son of Late Pachu Ravidas, Resident of Village - Saare, P.S. - Saree, District - Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Department of Land and Revenue, Government of Bihar, Patna.
2.
The Divisional Commissioner, Patna Division, Patna. 3.
The District Magistrate cum Collector, District - Nalanda. 4.
The Sub-Divisonal Officer, Nalanda.
5.
The Sub-Divisional Police Officer, Nalanda.
6.
The Circle Officer, Asthavan, Nalanda.
7.
The Officer In-charge, Saree Police Station, District - Nalanda. 8.
The Circle Inspector, Sare, District - Nalanda. 9.
The Revenue Karmchari, Sare, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar, Adv.
For the Respondent/s :
Mr. Government Advocate 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2024 The present writ petition has been filed seeking the
Patna High Court CWJC No.10099 of 2024(2) dt.03-07-2024 2/3 following relief:- "1. That this is an application praying for issuance of a Writ in the nature of a Writ of Mandamus, or any other appropriate Writ order, direction, commanding the Respondents, specifically the Respondent No. 3 to stay the proceedings in Land Encroachment Appeal No. 1 of 2023, till the final disposal of the Title Suit No. 72 of 2023, pending before the Learned Court of Sub Judge-III, Nalanda at Bihar Sharif, contested between the Petitioners and the Respondents on same subject land. The Petitioners further pray for direction to the Respondent authorities to act strictly in accordance with law and not to demolish the dwelling houses of the Petitioners or to evict the Petitioners except in accordance with law. The Petitioners further pray as ad interim relief in terms of restraining the Respondents from taking any stringent and coercive action against the Petitioners, till pendency of the present writ petition and to maintain status quo on the subject dwelling houses."
2.
After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.
Patna High Court CWJC No.10099 of 2024(2) dt.03-07-2024 3/3 3.
It is needless to state that for a period of six weeks from today, status quo, existing as on today qua the land / houses of the petitioners, shall be maintained in order to enable them to avail such remedies as are otherwise available to them under the law and obtain interim relief.
4.
Accordingly, the writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U