Samiullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12926 of 2023 ====================================================== Samiullah Khan Son of Habibullah Khan Resident of Village-Dumri, Police Station-Manjhi, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Saran at Chapra. 2.

The District Magistrate, Saran at Chapra.

3.

The Deputy Collector Land Reforms d Saran at Chapra. 4.

The Circle Officer, Manjhi , Saran.

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following relief:- "1. That present petition is being filed for issuance appropriate writ or writs, direction or directions, order or orders commanding the respondent No.4 not to disturb the peaceful possession of the petitioner in the light of his Memo No.1396 dated 3.8.2023 by which he has sought appointment of Force and Magistrate for removal of the petitioner as Encroacher from part of the land of Mauza-Dumari, Khata No.586, Kheshra No.1866 area 4 Katha, 11 dhur, KismaKabristan, nature-Gairmajarua Aam, during pendency of the Title Suit between petitioner and Respondent No.2 and 4 pending before the Learned Court of Munsif-4, Saran at Chapra vide

Patna High Court CWJC No.12926 of 2023(4) dt.16-07-2024 2/2 Title Suit No. 806/2023 for declaration of title over the disputed land."

2.

At the outset, the learned counsel for the petitioner submits that the petitioner has already filed a title suit bearing Title Suit No. 806 of 2023, which is pending consideration before the learned Court of Munsif-4, Saran at Chapra, hence, the petitioner be granted liberty to agitate the grievances, raised in the present writ petition, before the learned Trial Court. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U