Ashok Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.132 of 2023 ====================================================== Ashok Kumar Chaudhary Son of Late Yogendra Chaudhary, Resident of Village- Shatrupatti, P.S.- Ghoghardiha, P.O.- Sarauti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Land Reform Department, Government of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Sub Divisional Officer, Phulparash, Madhubani. 4.

The Circle Officer, Block- Ghoghardiha, District- Madhubani. 5.

The Anchal Amin, Ghoghardiha Anchal/Block- Ghoghardiha, DistrictMadhubani. 6.

The Halka Karamchari, Block- Ghoghardiha, District- Madhubani. 7.

Sri Bechan Chaudhary Son of Late Shuve Chaudhary, Resident of VillageShatrupatti, P.S.- Sarauti, District- Madhubani. 8.

Arun Kumar Chaudhary Son of Late Shifat Chaudhary, Resident of VillageShatrupatti, P.S.- Sarauti, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG- 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That this Writ application is being filed for the issuance of writ in the nature of Mandamus or any other writ / writs, direction, directions. to the respondents authorities, not to demolish the only dwelling house of the petitioner and his family member without verifying the truth of the so called

Patna High Court CWJC No.132 of 2023(2) dt.04-09-2023 2/2 encroachment of Public Road connecting to the petitioner house pertaining to old Khesra No-2454 and new Khesra No-2745, under Circle/Block-Ghoghardiha, P.SGhoghardiha, P.O- Sarauti, DistrictMadhubani." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prosecute the Title Suit in question i.e. the one bearing Title Suit No. 81 of 2020, which is pending consideration before the learned Civil Court at Madhubani. Liberty, so sought, is granted.

3.

It is needless to state that for a period of four weeks from today, status quo existing as on today qua the land/house of the petitioner in question shall be maintained in order to enable the petitioner to seek interim protection in the ongoing Title Suit.

4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U