Ram Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9857 of 2023 ====================================================== Ram Chandra Singh Son of Late Ramdars Singh, Resident of Village- Pachra Chhatauni, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Sheohar, DistrictSheohar. 2.

The Commissioner, Tirhut Division, Muzaffarpur, District- Muzaffarpur. 3.

The District Magistrate, Sheohar, District- Sheohar. 4.

The Circle Officer, Tariyani, District- Sheohar. 5.

Mahanand Singh Son of Late Ram Swarth Singh, Resident of Village- Pakri, P.S.- Tariyani, District- Sheohar.

6.

Amrendra Singh Son of Late Ramanand Singh, Resident of Village- Pakri, P.S.- Tariyani, District- Sheohar.

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of the writ in the nature of Certiorari for quashing the notice dated 05.05.2023 as well as notice dated 29.5.2023, vide memo No925 and 1696, respectively, issued by the circle Officer, Tariyani, District-Sheohar(Respondent No4), by which Respondent No-4 has directed to the petitioner to vacate the land bearing Khata No-449, Khesra No-702/1617,698 and Khesra No-695/1616 area 11 dismal, 10 dismal, and 15 dismal respectively, situated in village Pachra. P.S-Tariyani, District- Sheohar, failing which the same will be vacated forcibly.

Patna High Court CWJC No.9857 of 2023(2) dt.19-07-2023 2/2 (ii). For issuance of a writ in the nature of mandamus directing and commanding to the Respondents authority not to disturb in the peaceful possession of the petitioner over the land as mentioned in the Impugned Notice, till the out come of Title Suit No- 40/2016, which has been filed by the petitioner."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of pursuing the suit already filed by the petitioner bearing Title Suit No. 40 of 2016, which is stated to be pending before the learned Court of Sub-Judge-I, Sheohar. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U