Petitioner challenged the State's authority to renew a khas mahal lease. Court dismissed the petition as withdrawn with liberty to pursue the pending title suit.
Writ petition dismissed as withdrawn with liberty to pursue the suit.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3795 of 2017
Amra Boti Choudhari ……… Petitioner
Versus
1. State of Jharkhand, through the Deputy Commissioner, Hazaribagh
2. The Khas Mahal Officer, Hazaribagh
3. President, Sri Ram Krishna Sarda Math and Mission, Ravindra Path, Hazaribagh
4. Swami Tapananda, Secretary, Sri Ram Krishna Sarda Math and ……….
Mission, Ravindra Path, Hazaribagh Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
For the Petitioner : Mr. Bhaiya Vishwajit Kumar, Adv. For the Resp.-State : Mr. Suraj Prakash, A.C. to S.C.(Mines)-I
05/18.07.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has questioned the authority of the State for renewing the purported khas mahal lease in favour of the respondent no.3 with respect to land appertaining to holding no.215, plot nos.1781, 1782, 1783.
The said prayer has been made on the ground of pendency of the Title Suit No.45 of 2010.
Counter affidavit has been filed by the State-Respondent, wherein stand has been taken, since the petitioner has already filed the title suit being Title Suit No.45 of 2010, therefore, this writ petition may not be entertained, since according to the learned counsel appearing for the State-Respondent, the title suit is lying pending for same relief regarding declaration of title over the property in question.
Upon this, learned counsel for the petitioner, seeks permission to withdraw this writ petition with a liberty to pursue the suit.
Accordingly, this writ petition is dismissed as withdrawn with a liberty to the petitioner to pursue the suit.
(Sujit Narayan Prasad, J.)
Rohit/-
1 issue framed by the court
Whether the writ petition should be entertained when a pending title suit seeks the same relief?
1 provisions across 1 enactments
Amra Boti Choudhari
State of Jharkhand
President, Sri Ram Krishna Sarda Math and Mission
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court