Bishundeo Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7916 of 2017 ====================================================== Bishundeo Bhagat son of late Bhatan Bhagat @ Matar Bhagat Residence of Village - Dhane Garaul, P.S. - Garaul, District - Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Vaishali at Hajipur.

3.

The Additional Collector, Vaishali at Hajipur. 4.

The D.C.L.R. Mahua, Vaishali.

5.

The Circle Officer, Goraul, Vaishali.

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

For the Petitioner/s :

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

Mr.Rishi Raj Sinha-SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2023 The present writ petition has been filed seeking the following relief:- "1.i. For the quashing of the order dated 18.10.2016 passed in En. Case No. 56/2013-14 by the Collector Vaishali on the ground that earlier encroachment proceeding as En. Case No. 1/201011 decided in the favour of the petitioner by order dated 22.12.2010, passed by the Circle Inspector, Garaul Vaishali and further on the ground that the order as aforesaid passed without considering the order dated 18.10.2016 as observation and direction passed in LPA No. 1616 of 2016 by the Hon'ble High Court, Patna."

At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.7916 of 2017(2) dt.17-04-2023 2/2 submits that the petitioner has already filed a title suit bearing Title Suit No.310 of 2017, which is pending before the learned Civil Court at Hajipur (Vaishali), hence, the petitioner be granted liberty to pursue the same. Liberty so sought is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U