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Patna High CourtCWJC/21734/2014disposed

Ramagya Tiwari v. The State Of Bihar And ORS

2016-11-28Mr. Justice Birendra Prasad Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21734 of 2014 ====================================================== Ramagya Tiwari Sonof Late Triveni Tiwari, Resident of village- Ramgarh, P.S.- Ramgarh, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Additioanl Collector, Kaimur at Bhabua.

3. The Deputy Collector Land Reforms, Mohania, District- Kaimur at Bhabua.

4. The Circle Officer, Ramgarh, District- Kaimur at Bhabua. null null

5. Malti Gupta Daughter of Shri Harihar Prasad Sah Resident of villageRamgarh, P.S.- Ramgarh, District- Kaimur at Bhabua. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Tiwary, Adv. Mr. Naresh Chandra Verma, Adv.

For the Respondent Nos. 1 to 4 : Mr. Nashrul Hoda Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-11-2016 Heard.

The learned counsel appearing on behalf of the petitioner has fairly conceded that with respect to the lands in question, the petitioner himself has filed Title Suit No. 320 of 2000, which is still pending before the learned Sub-Judge-1, Bhabhua.

In above view of the matter, the present writ petition is disposed of with a liberty to the petitioner to raise all the issues of facts and law, which may be available to him with respect to the lands in question in the aforesaid pending title suit; and if the claim of right, title and possession of the petitioner is upheld by the civil court in the aforesaid pending Title Suit, then he shall be at liberty to approach the revenue authority afresh for mutation of the lands in question in his favour.

(Birendra Prasad Verma, J) BTiwary/- U