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Patna High CourtCWJC/19447/2021disposed

Mahavir Chaudhary v. The State Of Bihar

2022-12-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19447 of 2021 ====================================================== Mahavir Chaudhary Son of Ram Shrya Chaudhary, Resident of VillageDeoriakothi, Police Station-Deoriya, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Muzaffarpur.

3.

The Sub Divisional Officer, Muzaffarpur.

4.

The Circle Officer Paroo, Muzaffarpur.

5.

Kumari Priyanbda Shahi, Wife of Maheshwar Prasad Shahi and D/o Late Hari Kant Prasad Singh, Resident of Bardhiya Kothi Mathura Prasad Sinha Road, Police Station-Kadamkuan, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar,Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) Mr.Atul Shankar,Ac to Sc-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2022 In pursuance to the order dated 06.12.2022, passed by this Court in the present case, a copy of the order dated 20.02.2018, passed by the District Magistrate, Muzaffarpur, in House Control Appeal No. 26 of 2017-18, has been produced, which shows that the appellants therein had voluntarily withdrawn the appeal on account of them having no objection, however, it is submitted by the learned counsel for the petitioner that petitioner was one of the five appellants and the

Patna High Court CWJC No.19447 of 2021(3) dt.19-12-2022 2/2 petitioner had not given any authority or consent to anyone to withdraw the appeal on his behalf. Nonetheless, it is submitted by the Ld. Counsel for the petitioner that since the landlord has filed an eviction suit bearing Eviction Suit No. 07 of 2015 and 09 of 2015, which is pending adjudication before the learned Court of Munsif, Muzaffarpur, the petitioner be granted liberty to seek interim relief, in the said Eviction Suit, by filing appropriate petition before the learned Court below in the said eviction suits in question. Liberty, so sought, is granted.

At this juncture, the learned counsel for the petitioner also seeks liberty on behalf of the petitioner to avail such other remedies as are available under the law. Liberty, so sought, is also granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/SonalU