Raj Ballabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12913 of 2022 ====================================================== Raj Ballabh Kumar Son of Shri Paras Rai, Resident of Village- Saguna Naya Tola, P.S. Danapur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate-cum Collector, Patna. 2.

The District Magistrate-cum- Collector, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Sub Divisional Magistrate, Danapur.

5.

The Officer-in- Charge, Danapur P.S. Danapur. 6.

The Circle Officer, Danapur, Patna.

7.

Mukesh Kumar, Son of Late Dwanda Bahadur Singh, Resident of Saguna Bailey Road, in front of Tyagi Market, P.S. Danapur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. P.N. Shahi, Sr. Advocate Mr. Sanjay Kumar, Advocate For the Respondents :

Mr. Sajid Salim Khan ( SC 25 ) Mr. Wasi Ahmad Khan, AC to SC 25 For the IOC :

Mr. Anil Kumar Jha, Sr. Advocate Mr. Sanat Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-12-2022 Heard the parties.

The petitioner has prayed for the following reliefs:- "(i) For issuance of an appropriate writ/s, direction/s, order/s in the nature of mandamus for commanding the respondents to stop immediate of construction works done by them with the help of local administration over the ancestral land of the petitioner.

(ii) For issuance of an appropriate writ/s, direction/s, order in the nature of mandamus for commanding the respondent/s to made(sic) further construction over the said land in future also, at list (sic) till the disposal of T.S. No. 145/2005 pending for disposal in the court of the learned 1st Sub Judge, Danapur for same dispute.

Patna High Court CWJC No.12913 of 2022(4) dt.22-12-2022 2/2 (iii) For other relief/s for which the petitioner may (sic) found entitled."

Having heard the parties and on perusal of the materials available on record it appears that Title Suit No. 145 of 2005 is still pending in the court of 1st Subordinate Judge, Danapur, Patna with regard to the land in question. In that view of the matter, this writ petition has no merit and is dismissed with cost.

(Sandeep Kumar, J) BT/- U