Sanjiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11593 of 2022 ====================================================== Sanjiv Kumar Singh, Son of Ravindra Nath Singh, Resident of Village Raghunathpur, P.S. Turkauliya (Raghunathpur O.P.), District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The District Magistrate, East Champaran at Motihari. 3.

The Additional Collector, District- East Champaran. 4.

The Sub- Divisional Officer, Sadar Sub Division, District- East Champaran. 5.

The Land Reform Deputy Collector, Sadar District- East Champaran at Motihari.

6.

The Incharge Officer District General Section, District- East Champaran at Motihari.

7.

The Incharge Officer District Law Division East Champaran at Motihari. 8.

The Circle Officer, Motihari, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-08-2022 The petitioner has prayed for the following relief/s :-

2/4

3/4 It is not in dispute that the subject matter of the land is embroiled in litigation and an appeal is pending adjudication before the Court having competent jurisdiction. Petitioner claims to be owner of land in relation to which "No Objection Certificate" is sought, on the strength of the judgement and decree dated 25.08.2021, passed by learned Civil Judge (SD)-IX (I/c), Motihari in Title Suit No. 521 of 2011. However, the correctness of the said judgment and

4/4 decree is subject matter of the appeal preferred by the State. There is no clear and undisputed title with respect to the land in question.

In this view of the matter, petitioner's request for issuance of "No Objection Certificate" by the District Magistrate, East Champaran cannot be allowed. As such, the present petition stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 22.08.2022 Transmission Date