Md. Nesar Ansari Alias Nesar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14206 of 2024 ====================================================== Md. Nesar Ansari alias Nesar Ansari Son of Yusuf Ansari, Resident of Village- Mohania, Ward no. 11, P.S.- Mohania, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar.

3.

The District Magistrate, Kaimur (Bhabua).

4.

The Sub-Divisional Officer, Mohania, Kaimur, (Bhabua). 5.

The Anchal Adhikari, Mohania (Kaimur), Bhabua. 6.

Ajit Kumar Singh alias Shreyas Kumar Singh, 7.

Abhinav Kumar Singh, Both sons of Late Uma Shankar Singh 8.

Sangita Devi, wife of Late Sanjay Kumar Singh, 9.

Prasun Singh, 10.

Pradeep Kumar Singh, Both sons of Late Sanjay Kumar Singh, All are resident of Village- Ruppur, P.S.- Mohania, District- Kaimur (Bhabua), at present resident of Chandani Chouk, Ramgarh Road Mohania, P.S.- Mohania, District- Kaimur, (Bhabua).

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

For the Petitioner/s :

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

Mr. Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-09-2024 The petitioner has sought stay of construction in a Gair-Mazarua Aam land, carried on by the party respondents. Even according to the petitioner there is a suit pending, T.S. No. 1007 of 2023, with respect to the said land, before the SubJudge, Mohania.

Patna High Court CWJC No.14206 of 2024(2) dt.27-09-2024 2/2

2. The petitioner had earlier approached this Court for the very same relief and on the directions of the District Magistrate to consider the grievance, Case No. 57 of 2023 was registered which was closed as per Annexure-3 on the ground of the pending suit.

3. There is no reason for this Court to invoke the extra-ordinary remedy under Article 226 of the Constitution of India, in the given facts.

4. Writ petition stands rejected leaving open the contentions of either parties to be agitated before the Civil Court.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Saurabh/- U