Petitioner sought injunction against land alteration and construction due to pending title suit. Court rejected plea, holding competent civil court has jurisdiction and should expedite trial.
Writ application dismissed with direction to civil court to expedite trial
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5473 of 2021
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Daso Mahto, Son of Late Fauzdari Mahto, resident of Mohalla- Jaipur Dhanki, P.S.- Agamkuan, Kumahrar, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. J. S. Arora, Sr. Advocate Mr. Daya Shankar Prasad Sinha For the Respondent/s : Mr. Lalit Kishore ( AG ) ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
Heard learned counsel for the petitioner and the respondents.
The present writ application has been filed by the petitioner for a direction to the respondents to restrain from changing the physical features of land and also from new construction work as well as demolition and destroying the cultivated land, as Title Suit No. 67 of 1995 is pending.
Patna High Court CWJC No.5473 of 2021(2) dt.16-03-2021 2/2
Considering the fact that Title Suit No. 67 of 1995 is still pending before the competent civil court and the competent court has appropriate jurisdiction to grant all protection to the parties, the Court is not inclined to grant any indulgence to the petitioner.
It goes without saying that the court below where the title suit is pending shall take appropriate action permissible under the law to protect the interest of the parties.
The Court hope and trust that the court below shall expedite the trial and dispose of the suit at the earliest, as the suit is pending for last 25 years.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J)
uday/-
U
3 issues framed by the court
Whether High Court should grant interim protection to prevent change of land features when a title suit is pending in competent civil court
Whether concern for expedited trial of a pending civil suit warrants intervention in writ proceedings
Whether competent civil court has exclusive jurisdiction to protect parties in pending title dispute
Daso Mahto
The State of Bihar
Dr. Te Director, Forest Department
The Executive Engineer, Building Division
The Senior Superintendent of Police
The Sub-Divisional Magistrate
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
