Arbind Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13276 of 2014 ======================================================

1. Arbind Kumar

2. Shailendra Kumar Both are sons of Late Mathura Prasad Sinha

3. Abhay Kumar Sinha S/o Late Lakhan Prasad Sinha, All the petitioners are residents of Village - Sundarpur, P.S. - Katarisarai, Dist - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chairman, Bihar Land Tribunal, Patna.

3. The Divisional Commissioner, Patna Division, Patna.

4. The Deputy Collector Land Reforms, Bihar Sharif, Nalanda.

5. Shanti Devi @ Shanti Sinha W/o Jadunandan Prasad Sinha, resident of Village - Kamal Bigha, P.O. - Bilari, P.S. - Katrisarai Dist - Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar, Advocate For the Respondent Nos. 1 to 4 : Mr. Jitendra Kr.Sinha, AC to SC 17 For the Respondent No. 5 : Mr. Satya Ranjan Sinha, Advocate Mrs.Seema Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-10-2016 Heard the parties.

Indisputably, the claims raised on behalf of the petitioners with respect to the lands in question have been rejected by three statutory authorities i.e. D.C.L.R, Nalanda, Divisional Commissioner, Patna as also the learned Bihar Land Tribunal, Patna vide orders contained in Annexures- 3, 6 and 7 respectively. In above view of the matter, this Court is not inclined to accede to the prayer made on behalf of the petitioners in the present writ petition. However, at this stage, the learned counsel appearing on behalf of the petitioners points out that for grant of appropriate relief(s), the petitioners themselves have filed Title Suit No. 196 of 2012 for grant of appropriate relief(s) to them with respect to the lands in question, which is still pending before the

Patna High Court CWJC No.13276 of 2014 (2) dt.27-10-2016 2/2 learned Subordinate Judge 1st , Nalanda at Biharsharif. The learned counsel appearing on behalf of the respondent no.5 does not dispute the aforesaid submissions. In above view of the matter, the present writ petition is disposed of with a liberty to the parties to raise all the issues of facts and law, which may be available to them, with respect to the lands in question in the aforesaid pending title suit. (Birendra Prasad Verma, J) Tahir/- U