Raj Kumar Raut v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3746 of 2018 ====================================================== Raj Kumar Raut, Son of Late Ramchandra Raut, Resident of MohallaMahauritola Katra Chook, P.S. and District- Sheikhpura. ... ... Petitioner/s
Versus
1. The State of Bihar through Collector Sheikhpura.
2. The Executive Officer, Nagar Parishad, Sheikhpura.
3. The Circle Officer under Block Sheikhpura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar, Adv.
For the Respondent/s :
Ms. Prerna Anand, AC to GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-03-2018 Heard learned Counsels for the petitioner and the respondents.
Learned counsel for the petitioner is permitted to make necessary correction with regard to plot number in question. The present Writ application has basically been filed for a direction to the respondent authorities to restrain the Nagar Parishad, Sheikhpura not to make construction over the land appertaining to Tauzi No. 214, Khata No.559, C.S. Plot Nos.1467 and 1468, Mohalla - Mahuri Tola Katra Chowk, P.S.- Sheikhpura, District - Sheikhpura, till the disposal of Title Suit No. 67 of 2016.
It appears that earlier the petitioner preferred Writ application being CWJC No. 19480 of 2015 which was permitted to be withdrawn vide order dated 29.03.2016, passed
Patna High Court CWJC No.3746 of 2018(2) dt.09-03-2018 2/2 by a co-ordinate Bench of this Court with a liberty to the petitioner to approach the Civil Court of competent jurisdiction, as contained in Annexure-1. Thereafter, the petitioner filed Title Suit No. 67 of 2016, wherein, the Nagar Parishad Sheikhpura is a party defendant, hence, on this score alone, the present Writ application appears to be misconceived.
The Writ application is, accordingly, disposed of with liberty to the petitioner to raise the issue in the pending title suit. (Dinesh Kumar Singh, J) Ashwini/- U