Anshu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.443 of 2024 ====================================================== Anshu Devi W/o Late Vikash Singh Resident of village-Panapur, P.S. Mohaniya, District Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector- Cum - District Magistrate Kaimur at Bhabua. 3.

The Deputy Collector Land Reform Mohania, Kaimur at Bhabua. 4.

The Circle Officer Mohania Kaimur at Bhabua.

5.

Premawati Devi W/O Hawaldar Singh Resident of Village Kuchhman, P.S. Alinagar District Chandauli (U.P) 6.

Maya Devi W/O Vijay Shankar Singh @ Bigu Singh, resident of Village Panapur, P.S. Mohania, District Kaimur at Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Respondent/s :

Mr.Addl. Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2024 Heard the parties.

2. The petitioner has prayed for the following reliefs: (i) for issuance of writ in the nature of certiorari or any other appropriate writ for quashing of Common order dated 19.9. 2022 passed in B.L.T. Case No. 321/2021 and 322/2021 by the Bihar Land Tribunal Patna Whereby and where under vide the order Bihar Land Tribunal Patna has set aside the

Patna High Court CWJC No.443 of 2024(2) dt.25-04-2024 2/3 order dated 12.3. 15 passed in Mutation Appeal Case No. 3/2014-15 and order dated 12.9. 2015 passed in Mutation Revision Case No. 5/2015-16 similarly order dated 12.3.15 Passed in Mutation Appeal Case No.

123/2013-14 and order dated 19.9.2019 passed in Mutation Revision Case No. 6/2015-16;

(ii) for issuance of writ of nature of Mandamus any other appropriate writ for the direction to the respondents not to disturb continuous peaceful possession of petitioner till disposal of writ application;

(iii) for issuance of any other appropriate writ or direction for which the petitioner is other wise entitled in eye of law.

3. This Court has perused the order passed by the Bihar Land Tribunal by which it has taken note that Title Suit no. 47 of 2014 is pending before the competent Civil Court and

Patna High Court CWJC No.443 of 2024(2) dt.25-04-2024 3/3 as such holds that has has not passed any order on the merit of the case and the order passed by the competent Civil Court shall be applicable to all concerned.

4. Learned counsel for the petitioner submits that a perusal of the Title suit would show that for the last 10 years, the same is pending before the competent Civil Court. This Court observes that he has a valid point.

5. In that view of the matter, having found no error in the order of the Bihar Land Tribunal and on the prayer/submissions put forward by the petitioner, this Court directs the competent Civil Court to dispose of the Title Suit No. 47 of 2014 at the earliest and preferably by December, 2024.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U