Raghunandan Prasad Yadav @ Raghunandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13598 of 2019 ====================================================== Raghunandan Prasad Yadav @ Raghunandan Yadav Son of Ramadheen Yadav, Resident of Village- Bhavtiya, Ward No. 06, Bhabatia, Suhath, P.S. Saur Bazar, District-Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Collector, Saharsa, District- Saharsa.

4.

The Anchal Adhikari, Saur Bazar, District- Saharsa. 5.

Rajendra Jha, Son of late Baldev Jha, Resident of Village- Bhabatiya, P.S. Saur Bazar, District- Saharsa.

6.

Gagendra Jha, Son of late Baldev Jha, Resident of Village- Bhabatiya, P.S. Saur Bazar, District- Saharsa.

7.

Gangadhar Jha, Son of late Sadanand Jha, Resident of Village- Bhabatiya, P.S. Saur Bazar, District- Saharsa.

8.

Vidyadhar Jha, Son of late Sadanand Jha, Resident of Village- Bhabatiya, P.S. Saur Bazar, District- Saharsa.

9.

Mahidhar Jha, Son of late Sadanand Jha, Resident of Village- Bhabatiya, P.S. Saur Bazar, District- Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Prakritiya Sharma, Adv.

For the Respondent/s :

Mr.Ajay, GA-5 Mr. P.K. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 19-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has filed P.I.L. seeking removal of encroachment.

Patna High Court CWJC No.13598 of 2019(2) dt.19-08-2019 2/2 Already a title suit, vide Title Suit No. 424 of 2018, is pending in which an application was filed by the petitioner for his impleadment which has been rejected.

This petition cannot be treated to be P.I.L.. When the suit is pending, result of the suit will decide about the status of the land with respect to encroachment as alleged and, as such, this petition is dismissed.

It goes without saying that if the petitioner feels aggrieved against the order of the court below, he is at liberty to take appropriate action in accordance with law. (Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U