Most. Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12320 of 2024 ====================================================== Most. Meena Devi W/o Late Dayanand Sahni, Resident of VillageSammaspur, P.S. Fatuha, Dist. Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Bihar, Patna.

2.

The Principal Secretary, Revenue Department, Bihar, Patna. 3.

The Collector-Cum- District Magistrate, Patna. 4.

The Circle Officer, Fatuha, Patna.

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

For the Petitioner/s :

Mr.Bimal Kumar Jha, Advocate For the Respondent/s :

Mr.Standing Counsel 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-10-2024

1. Though the present writ petition has been filed for directing the Circle Officer, Fatuha, Patna to not initiate any proceeding with regard to the land of the petitioner, in view of the stay order, passed by the learned Civil Judge, Senior Division-I, Patna City in Title Suit No.202 of 2019 on 02.07.2019, however, it is submitted by the learned counsel for the respondents that the said order dated 02.07.2019 was a conditional order and is no longer in force.

2. Having regard to the submissions made by the learned counsels for the parties, I deem it fit and proper to direct the District Magistrate, Patna to examine the actual facts and circumstances of the case as also ascertain as to whether any

Patna High Court CWJC No.12320 of 2024(4) dt.08-10-2024 2/2 injunction order is existing in favor of the petitioner, in the title suit, filed by him, bearing Title Suit No.202 of 2019, which is pending adjudication before the learned Civil Judge, Senior Division-I, Patna City and thereafter, take a decision as to whether the proceedings of the pending Encroachment Case No.05 of 2018-19 are reguired to be proceeded with by the Circle Officer, Fatuha, Patna.

3. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U