Held that the writ application is disposed of by permitting the petitioner to press the application dated 16.03.2010 for appointment of survey commissioner before the trial court.
Permission granted to file the application dated 16.03.2010 before the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16992 of 2010
====================================================== 1. Budh Ram Yadav S/O Late Ram Gopi Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 2. Kamleshwary Yadav S/O Jagdish Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 3. Ramanup Yadav S/O Late Battan Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur .... Plaintiff-petitioner/s Versus 1. The Managing Director, Bihar State Housing Board Patna 2. The Chairman, Bihar State Housing Board Patna 3. The Executive Engineer, Housing Board Barari, Bhagalpur 4. The Collector, Bhagalpur Having Head Quarter and Head Office, Bhagalpur 5. The Land Acquisition Officer Having Head Office, Bhagalpur …Defendants, Respondent 1st set 6. Jagidish Yadav S/O Ram Gopi Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 7. Rajendra Yadav S/O Budh Ram Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 8. Bankey Yadav S/O Budh Ram Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 9. Manohar Yadav S/O Budh Ram Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 10. Pappu Yadav S/O Budh Ram Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 11. Rajesh Yadav S/O Budh Ram Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur 12. Bindeshwari Yadav S/O Jagdish Yadav R/O Moh Barari, P.S. Barari, Distt-Bhagalpur 13. Subash Yadav S/O Ramanup Yadav R/O Moh Barari, P.S.Barari, Distt-Bhagalpur .... Plaintiffs, Respondents 2nd set ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the BSHB Mr. Anshuman Singh Mr. Sriram Krishna For the State Mr.Vikash Kumar A.C. to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
6 06-08-2015 Heard Mr. Ajay Kumar Singh for the petitioners and Mr.
Patna High Court CWJC No.16992 of 2010 (6) dt.06-08-2015
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Anshuman Singh for the respondent-Bihar State Housing Board (for short ‘the Board’).
The petitioners are the plaintiffs of Title Suit No.21 of 2000 which was filed for declaration of the right, title and interest over the suit land. According to the plaintiffs, the subject land was not acquired by the respondent State for the Board. The grievance of the petitioners is that an application dated 16.03.2010 has been field in the said suit for appointment of survey knowing Pleader Commissioner. The same has not been disposed of. There is nothing on record to show the same except the statements made in paragraph 12.
Without delving further into the matter, in my view, the writ application be disposed of by permitting the petitioner to press the said application dated 16.03.2010 before the learned court below. It is expected the trial court, once the application is pressed, shall consider the same and pass appropriate order in accordance with law after hearing both sides.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether the writ application should be disposed of by permitting the petitioner to press the pending application for appointment of survey before the trial court.
Budh Ram Yadav and others
The Managing Director, Bihar State Housing Board and others
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
