Satyadeo Prasad @ Satyadeo Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22151 of 2014 ====================================================== Satyadeo Prasad @ Satyadeo Prasad Son of Late Bindeshwari Prasad Resident of Mohalla - Chowk Bazar, Chak Road, Police Station - Kotwali Gaya, Town and District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Executive Engineer, Building Division, Public Works Department, Gaya.

4.

The Principal, Anugrah Narain Magadh Medical College, Gaya. 5.

The District Magistrate, Gaya.

6.

The Senior Superintendent of Police, Gaya.

7.

The Officer-in-Charge, Police Station - Magadh Medical, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurva Kumar, Advocate For the Respondent/s :

Mr.SC 5- Satya Deo Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2023 The present petition has been filed seeking the following relief :- "(i) For restraining the respondent authorities especially the Building Construction Department, Government of Bihar, the Public Works Department, Gaya and its appointed Contractor not to proceed with the construction of boundary wall on the land of the petitioner, for which, the petitioner has got a judgment in his favour on 10.01.1980 in Title Suit no., 3 of 1979,

Patna High Court CWJC No.22151 of 2014(4) dt.25-04-2023 2/2 passed by the learned Additional Sub- Judge, Gaya and consequent decree and for which, Execution case no. 20 of 2005 (1 of 1981) is pending in the court of learned Sub- Judge 2, Gaya."

At the outset, the learned counsel for the respondent- State has pointed out that the petitioner has filed a title suit bearing Title Suit no. 426 of 2015, before the learned court of Principal Sub-Judge, Gaya, pertaining to the same piece of land in question, which is also the subject matter of the present writ petition, for declaration of his right, title and interest qua the said land in question.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to pursue the aforesaid suit proceedings. Liberty so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U