Rit Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14585 of 2023 ====================================================== Rit Lal Paswan Son of Late Dhanpat Paswan, resident of Village Ranipur, P.O. and P.S. Phulwarisharif, District Patna (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Urban Development and Housing, Govt. of Bihar, Patna. 3.

The District Magistrate, Patna, Bihar.

4.

The Additional Collector, Patna, Bihar.

5.

The Deputy Collector Land Reforms, Sadar, Patna. 6.

The Executive Officer, Nagar Parishad, Phulwarisharif, Patna. 7.

The Circle Officer, Phulwarisharif, Patna.

8.

The Police In-charge, Phulwarisharif, Patna.

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

For the Petitioner/s :

Mr.Rajnish Ranjan For the Respondent/s :

Mr.Subhash Prasad Singh ( Ga 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner, by way of this writ petition, has prayed for following reliefs:- (a) for the direction to the respondent authority to not make any construction on the dispute Khata No. 692, Plot No. 388, area 6.27 acres situated of Mauza Phulwarisharif P.S. Phulwarisarif, District Patna which is Pond in view of order dated 22.01.2016 passed by Sub-Judge 1", Patna, passed in his Title Suit No.

Patna High Court CWJC No.14585 of 2023(2) dt.28-03-2024 2/2 519/2015.

(b) for direction to respondent authority to not disturb the peaceful possession of petitioner from his Pond and in doing the (fishing) planting the seed of fishes in the Pond.

3. By their own admission, the learned Sub Judge Ist, Patna in Title Suit No. 519 of 2015 has passed an interim order on 22.01.2016 which has been violated by the respondent.

4. On query, this Court whether the petitioner has brought to the notice of learned Sub-Judge Ist Patna by preferring appropriate petition in Title Suit No. 519/2015 or not, the answer is evasive. No such document is also on record.

5. In that view of the matter, it would be appropriate that the petitioner approach the concerned Court, if the order dated 22.01.2016 has been violated. The Court concerned is duty bound to act on such petition.

6. Accordingly, the present writ petition stands disposed of.

(Rajiv Roy, J) Suraj/Jagdish/- U