A writ petition seeking direction to stop eviction and demolition while a title suit is pending stands dismissed by the Patna High Court, as the petition was not pressed by the advocate for the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1402 of 2023
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Baby Mishra @ Beby Mishra W/o Balbhadra Mishra, resident of Maharaji Hata, Prabhat Colony, Ward No. 13/19, P.S.- K. Hat, District- Purnea.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Sanjay Kumar Pandey For the Respondent/s : Mr.Sajid Salim Khan (Sc25)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 25-02-2023 The present writ petition has been filed seeking the following reliefs:-
“1(i). To set aside the order dated 17.12.2022 Memo no. 7444 issued by the Circle officer, Purnea East (Respondent No. 4) by which the petitioner has been directed to vacate the encroached land / residential premises within 24 hours after receipt of the notice and in case of failure to do so, the same would be got free forcefully.
(ii). For a direction to respondent authority not to carry out any further demolition work in respect of the
Patna High Court CWJC No.1402 of 2023(3) dt.25-02-2023 2/2
residential premises of the petitioner till the disposal of T.S.No. 75/2019.”
At the outset, the learned counsel for the petitioner submits that since the petitioner has already filed a title suit bearing Title Suit No. 75 of 2019, which is pending before the learned court of Munsif, Purnea, the petitioner be granted liberty to pursue the same. Liberty, so sought, is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
Ajay/- U
Baby Mishra @ Beby Mishra
The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar
The Collector-cum- District Magistrate, Purnea
The Sub Divisional Officer, Purnea Sadar
The Circle Officer, Purnea Sadar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
