Md. Sarwar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19955 of 2014 ======================================================

1. Md. Sarwar

2. S.M.Tajwar Both sons of Late Haji Mohammad Akhtar & are residents of Village and P.O. Baro, P.S.Phulwari, District Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Department of Revenue, Govt. of Bihar

3. The District Magistrate, Begusarai, District Begusarai

4. The Additional Collector, Land Reforms, Begusarai, District Begusarai

5. The D.C.L.R., Teghra, District Begusarai

6. The Circle Officer, Teghra, Block Teghra, District Begusarai

7. The Circle Inspector, Teghra, District Begusarai

8. Md.Perwez son of Md.Daud, resident of Village Baro ( Pakkapar), P.O. Baro, P.S.Phulwari, District Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Respondent Nos. 1 to 7: Mr. SC to SC 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-11-2016 After having heard the parties for sometime, this Court finds that with respect to the lands in question there is serious dispute of right, title and possession between the petitioners, on the one hand and the respondent no.8, on the other hand, which cannot be appropriately gone into in the present proceeding filed under Article 226 of the Constitution of India. In above view of the matter, the present writ petition is dismissed, but liberty is granted to the petitioners to approach the civil court of competent jurisdiction for getting their right, title and possession declared over the lands in question after impleading all the necessary parties including the respondent no.8; and the judgment and the decree passed by the civil court shall bind the parties.

(Birendra Prasad Verma, J) Tahir/- U