The High Court accompanied a writ petition seeking leave to withdraw the petition, allowing the petitioners to resolve land title issues in pending civil suits.
Leave granted to withdraw the writ petition with a liberty to raise issues in the pending title suits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10037 of 2014
======================================================
| 1. Bipin Bihari Dubey 2. Madan Prasad Dubey |
|---|
| Both sons of Late Radhe Krishna Dubey, resident of Village- Durgapur, P.S.- Indrapuri, P.O.- Nawadih, District- Rohtas, Sasaram .... .... Petitioner/s Versus |
| 1. The State of Bihar through Collector, Rohtas, Sasaram 2. Sub Divisional Officer, Rohtas, Sasaram |
| 3. Deputy Collector, Land Reforms, Rohtas, Sasaram |
| 4. Circle Officer, Sasaram, Rohtas 5. Raghunath Son of Briksh Mallah |
| 6. Vishwanath Son of Charitra Mallah |
| 7. Kumar Mallah Son of Bangali Mallah |
| 8. Ram Lakhan Mallah Son of Ramjee Mallah |
| 9. Jahri Devi Wife of Mahangu Gond 10. Guneshwar Mallah Son of Mathuri Mallah 11. Raghunandan Mallah Son of Briksha Mallah |
| 12. Tileshwar Mallah Son of Mathuri Mallah |
| 13. Manager Pasi Son of Thakur Pasi |
| 14. Dulesar Mallah Son of Mathuri Mallah 15. Parmeshwar Mallah Son of Mathuri Mallah |
| 16. Ramasre Mallah Son of Mathuri Mallah |
| 17. Ramdas Ray Son of Lochan Ram |
18. Muni Rajwar Son of Devdhari Rajwar |
| 19. Dhanpat Son of Bandhan Chamar |
| 20. Ramashish Son of Banshi Chamar |
| 21. Amawas Son of Chandrika Chamar |
| 22. Manjura Son of Halkhori Chamar |
| 23. Jagmohan Son of Mathura Dusadh |
| 24. Brajmohan Son of Mathura Dusadh |
| 25. Mosafir Son of Manju Chamar |
| 26. Munshi Son of Manju Ram |
| 27. Ishwarchand Son of Udit Chamar |
| 28. Bhamikhan Son of Rupdev Chamar |
29. Chandradev Son of Rupdev Chamar |
30. Dalipan Son of Vyas Chamar |
31. Jagdev Son of Tapsi Ram |
| 32. Sri Kishun Son of Vyas Chamar |
| 33. Ekbali Chamar son of Dhurmati Ram |
| 34. Lalu Chamar Son of Dukhit Chamar |
| 35. Devlal Son of Subhag Chamar |
| 36. Guput Son of Bodhi Chamar |
| 37. Prasadi Son of Mada Dushadh |
| 38. Bhabhishan Son of Rupdev Chamar |
| 39. Ramashray Son of Dhurmari Chamar |
40. Janki Ram Son of Tilakdhari Ram |
| 41. Rambilash Son of Jagesar Chamar |
42. Krishna Mallah Son of Radhuni Mallah |
Patna High Court CWJC No.10037 of 2014 (2) dt.06-09-2016
2/3
2 06-09-2016 The learned counsel appearing on behalf of the petitioners, in presence of the learned AC to GA 4, appearing on behalf of the respondent nos. 1 to 4, submits that with respect to lands in question, fully detailed in paragraph 15 of the writ petition, the petitioners have filed several title suits viz Title Suit No. 959 of 2015 and other connected title suits in which the private respondents are defendants and all the title suits are still pending at the civil court, Sasaram. Therefore, he seeks leave of this Court to withdraw the present writ petition with a liberty to raise all the issues of facts and law with respect to the lands in question in the aforesaid pending title suits.
Leave is accorded.
Patna High Court CWJC No.10037 of 2014 (2) dt.06-09-2016
3/3
The present writ petition stands disposed of as
withdrawn with the liberty aforesaid.
(Birendra Prasad Verma, J)
Tahir/-
U
1 issue framed by the court
Whether leave may be accorded to withdraw a writ petition pending before the High Court upon the filing of connected title suits in the civil court.
Bipin Bihari Dubey
Madan Prasad Dubey
The State of Bihar through Collector, Rohtas, Sasaram
Sub Divisional Officer, Rohtas, Sasaram
Deputy Collector, Land Reforms, Rohtas, Sasaram
Raghunath Son of Briksh Mallah
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
