In a writ petition regarding land, the Court held that the dispute is pending in a title suit. It directed the petitioners to expedite the suit and dismissed the writ, stating the mutation matter must wait for the final judgment in the title suit.
Disposed with direction to petitioners to expedite Title Suit No. 4612 of 2010.
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.9857 of 2018
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioners : None For the Respondents : Mr. Dhurjati Kr. Prasad, GP14 For the Intervenor : Mr. Subhash Charndra Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
7 28-11-2022
learned counsel for the intervenor.
Mr. Subhash Chandra Jha, learned counsel for the intervenor submits that he is a necessary party. With mala fide reasons, petitioners have not added him as party respondent.
Learned counsel for the State submits relying upon the statements made in paragraph 9 of the counter affidavit that with regard to the same matter, Title Suit No. 4612 of 2010 is pending in the court of Sub-ordinate Judge, Bhagalpur and this fact has been supported by Mr. Subhash Charndra Jha, learned
Patna High Court CWJC No.9857 of 2018(7) dt.28-11-2022 2/2
counsel for the intervenor.
The dispute between the parties is pending before the competent civil court and any order of mutation in favour of either of the parties shall be governed by the final result of this case.
Since the petitioners are plaintiffs in the Title Suit No. 4612 of 2010, it is for them to get the matter expedited and the mutation matter cannot be kept pending indefinitely for a decision in the Title Suit. If the mutation has been decided in favour of the intervenor, that will be affected only after the judgment in the Title Suit is passed in favour of the plaintiff or against the plaintiff.
With the aforesaid observation and direction, this writ petition is disposed of.
(Sandeep Kumar, J)
Harsh/ BT
U
1 issue framed by the court
Whether the pending title suit precludes the Court from entertaining a writ petition regarding mutation.
Md. Jafre Alam
Md. Fakre Alam
The State Of Bihar
The Principal Secretary Land and Revenue Department, Govt. Of Bihar, Patna.
Collector, Bhagalpur
Deputy Collector, Land Reforms, Bhagalpur, Sadar, Bhagalpur
Sandeep Kumar
As recorded by the court registry
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