Abdul Wahid v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2770 of 2017 ====================================================== Abdul Wahid, Son of Late Zainul Haque, resident of Village- Nautanwa Police Station- Shikarpur, District- West Champaran at Bettiah. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2. The Principal Secretary, Department of Co-operative, Government of Bihar, Patna.

3. The Registrar, Department of Co-operative, Governement of Bihar, Patna.

4. The Collector, Bettiah, District- West Champaran at Bettiah.

5. The District Fisheries Officer-Cum-Executive Officer, West Champaran at Bettiah.

6. The Sub-Registrar, Department of Registration, West Champaran at Bettiah.

7. The Circle Officer, Narkatiaganj, District- West Champaran at Bettiah.

8. SK. Fashihul Azam, Son of Late Raiful Azam, resident of Village- Baudh Barwa, Police Station- Mainatnd, District- West Champaran at Bettiah.

9. SK. Badrul Hoda,

10. Sk. Nurul Hoda.

11. SK. Kamrul Hoda,

12. SK. Md. Motar,

13. SK. Amirul Hoda, Respondent No. 9 to 13 are sons of SK. Mohammad Hussain, All Residents of Village- Nautanwa Police Station- Shikarpur, District- West Champaran at Bettiah.

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam-AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-08-2018 By this public interest litigation, the petitioner has brought to the notice of the Court and it is alleged that the land in question belonging to the State of Bihar has been usurped and the same has been sold by instrument of sale dated 02.02.2016 being sale deed No.1247 by the respondent No.8 in favour of

Patna High Court CWJC No.2770 of 2017(16) dt.14-08-2018 2/2 respondent Nos.9 to 13 committing fraud with the State of Bihar. Further, it is prayed to quash and set aside the sale deed. It is reported that apart from the fact that the concerned respondents have also filed the Title Suit which is pending before the appropriate Court, even subsequent the State Government has filed the Title Suit against the private respondents herein for declaration and with a prayer to quash and set aside the aforesaid sale deed.

In that view of the matter, now when the dispute is pending before the appropriate Court, without further entering into the merits of the case and expressing anything on the merits, we do not entertain the present petition. The aforesaid proceedings be concluded on its own merits and in accordance with law expeditiously and preferably within a period of twelve months from today.

With this, the present petition stands disposed of. (Mukesh R. Shah, CJ) ( Dr. Ravi Ranjan, J) Sunil/- U