Harishchandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14294 of 2019 ====================================================== Harishchandra Thakur S/o Late Kishundeo Thakur R/o Village and P.O. and P.S.- Lauriya Mandal, District- West Champaran. ... ... Petitioner/

Versus

1.

The State of Bihar through the District Magistrate, West Champaran. 2.

The District Magistrate, West Champaran, Bettiah. 3.

The Circle Officer Lauria, District West Champaran. 4.

The D.C.L.R., Narkatiyaganj, West Champaran.

5.

The Additional Collector, West Champaran, Bettiah. 6.

The Commissioner, TIrhut Division, Muzaffarpur. 7.

Madan Chaturvedi S/o Srikant Chaturvedi R/o Village and P.O. and P.S.- Lauriya Mandal, District- West Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra For the Respondent/s :

Mr.Sajid Salim Khan ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2019 An order, dated 30.04.2019, passed by the Collector, West Champaran, in pursuance of an order of this Court dated 24.11.2011 passed in L.P.A. No. 171 of 2009, has been put to challenge in the present writ application.

The matter had arisen out of a mutation proceeding, wherein the petitioner claimed his possession and title on the basis of certified copy of the original document issued by the Bettiah Raj in respect of plot No. 1398, Khata No.4 admeasuring 1 and 1⁄2 dhur.

It transpires from the materials on record that a title suit is pending in respect of the same piece of land registered as

Patna High Court CWJC No.14294 of 2019(3) dt.23-07-2019 2/2 Title Suit No. 187 of 2002, before learned Munsif, Bettiah. The private respondent appears to have already entered appearance in the said title suit as is visible from an order of this Court, dated 11.09.2012, passed in C.W.J.C. No. 9654 of 2005 (Annexure-6). Since title suit between the contesting parties is pending, dispute in respect of mutation loses its significance. In view of the above, this application is disposed of with the observation that the claim of mutation of the contesting parties shall abide by the decision in the suit. (Chakradhari Sharan Singh, J) Pawan/- U