The Sarvodaye Cold Storage Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10675 of 2022 ====================================================== The Sarvodaye Cold Storage PVT. LTD., Deep Nagar, Bihar Sharif of Nalanda through its Director Brijnandan Prasad Kishore, aged about 77 years, Gender - Male, S/o - Late Shivali Prasad, Residence of Village - Deepnagar, P.S. - Deepnagar, Distt. - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Bihar Sharif, Nalanda. 4.

The Circle Officer, Bihar Sharif, Nalanda.

5.

The S.H.O., Deep Nagar, P.S. - Bihar Sharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Respondent/s :

Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT Date : 18-06-2026 Heard the learned counsel for the parties.

2. The petitioner/Sarvodaye Cold Storage Pvt. Ltd. has preferred the present writ application seeking following relief(s) :

(i) For issuance of an appropriate writ / order / Direction to the respondent especially D.M.

Patna High Court CWJC No.10675 of 2022 dt.18-06-2026 2/3 (Bihar Sharif) Nalanda for construct the Boundary wall in the own land of the Sarvodaye Cold Storage Pvt. Ltd., Deep Nagar, Bihar Sharif of Nalanda, bearing Khata no. 262 Keshra no. 4834 area 72 decimal, Mauja Meghi Nagma (deep nagar) thana no. 319, circle office Bihar Sharif Nalanda, District - Bihar Sharif, Nalanda;

(ii) For issuance of an appropriate writ / order / Direction to the respondents to take legal action to sitting tight over the application of petitioner and nothing action has been taken till date; and (iii) For issuance of an appropriate writ / order/ direction granting any other relief or reliefs for which the petitioner is found entitled under law.

3. The learned counsel for the petitioner submits that the petitioner is aggrieved by the fact that there is an eviction suit pending with respect to the land in question and despite that, the vendor's son is disturbing his peaceful possession over the said land and has even demolished the boundary wall of the petitioner/Sarvodaye Cold Storage Pvt. Ltd.

4. The learned AC to AAG-12 submits that the petitioner has a remedy before the Court of learned Munsif, Bihar Sharif, Nalanda in Eviction Suit No. 15 of 2014. It has been submitted that had the petitioner/Sarvodaye Cold Storage Pvt. Ltd. approached the said Court for injunction, the order

Patna High Court CWJC No.10675 of 2022 dt.18-06-2026 3/3 could have been passed and since there is a dispute with regard to Title between the petitioner and the vendor's son, the authorities cannot take any action.

5. In view of the aforesaid submissions and taking into account the fact that the petitioner had earlier filed a petition before the said Court of learned Munsif, Bihar Sharif, Nalanda vide Eviction Suit No. 15 of 2014, the present writ application is disposed of with a liberty to the petitioner to approach the said Court within a period of four weeks from today and pray for injunction and also against his forceful dispossession over the land in question.

6. With the aforesaid observation/direction, the writ application stands disposed of.

7. Interlocutory application(s), if any, also stands disposed of accordingly.

(Sourendra Pandey, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.06.2026 Transmission Date N/A