Md. Ehsan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16414 of 2022 ====================================================== Md. Ehsan Ansari Son of Late Abdul Gafur/Gafar, Resident of VillageAzarakbe Simri, Chand Tola, Anchal- Rajnagar, P.S.- Raj Nagar, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Madhubani.

3.

The Additional Collector, Land Reforms, District- Madhubani. 4.

The Sub Divisional Officer, Madhubani.

5.

The Deputy Collector Land Reforms, Madhubani. 6.

The Block Development Officer, Block- Rajnagar, District- Madhubani. 7.

The Circle Officer, Anchal- Rajnagar, District- Madhubani. 8.

Jaitun Khatoon Wife of Md. Sabir, Resident of Village- Azarakbe Simri, Chand Tola, Anchal- Rajnagar, P.S.- Raj Nagar, District- Madhubani. 9.

Md. Sabir Son of Md. Rasul Raspaniya, Resident of Village- Azarakbe Simri, Chand Tola, Anchal- Rajnagar, P.S.- Raj Nagar, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nurul Hoda, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For directing the Respondent Authorities not to demolish the dwelling house of the Petitioner and to maintain status quo over Plot No. 345 (old)/500 (new) situated in the Village Azarakbe Simri, Chand Tola under Rajnagar Anchal and Rajnagar Police Station in the District of Madhubani for the reason that Title Suit No.63 of 2013 is pending in the court of learned Sub Judge-1, Madhubani filed on behalf of the Petitioner for declaration of Title and possession of the

Patna High Court CWJC No.16414 of 2022(2) dt.14-08-2024 2/2 petitioner, which is at its last stage after closure of the evidence of both the sides and is pending for final argument, but, due to deliberate negligence of the Private Respondents the suit has not finally decided as yet."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prosecute the title suit filed by him, bearing Title Suit No.65 of 2013, which is pending consideration before the learned Court of Sub Judge-I, Madhubani. Liberty so sought is granted.

3. At this stage, the learned counsel for the petitioner submits that the suit is in the final stages, hence some interim protection be granted during the interregnum period.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct that status quo, existing as on today qua the land/house of the petitioner in question shall be maintained for a period of six weeks from today, in order to enable the petitioner to obtain interim relief/get the aforesaid suit concluded.

5. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U