Disposed

Chhote Lal Sharma v. The State of Bihar

Patna HC17 Aug 2023CWJC/4866/2023

Case brief

AI extract

What is this about?

In a writ petition by Chhote Lal Sharma challenging a notice related to disputed land, the Patna High Court disposed of the matter, directing the petitioner to approach the Sub-Judge via an injunction petition in the pending title suit instead.

What did the court decide?

The writ petition stopped, and the petitioner directed to file an injunction petition before the competent court where the title suit is pending.

Chhote Lal Sharma Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4866 of 2023

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Chhote Lal Sharma Son of Ghina Sharma, Resident of village - Shiv Nagar Ghat, Shiva Nagar, Police Station - Ghanshyampur, District - Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue and Reforms, Government of Bihar, Patna.

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The Divisional Commissioner, Darbhanga Division, Darbhanga.

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The District Magistrate, Darbhanga.

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The Sub Divisional Officer, Biraul, Darbhanga.

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The Circle Officer, Ghanshyampur, Darbhanga.

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The Block Development Officer, Ghanshyampur, Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv. For the Respondent/s : Mr. Raj Kishore Roy, GP-18. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 17-08-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for setting aside the letter no.1002 dated 01.11.2022 issued by Circle Officer, Ghanshyampur, Darbhanga.

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Learned counsel for the petitioner submits that the land mentioned in the said letter is the subject matter of Title Suit No.598 of 2022, in which Circle Officer and Government of Bihar both are parties. He further submits that prior to filing the said suit, he has also issued a notice under Section 80 of C.P.C.

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Patna High Court CWJC No.4866 of 2023(2) dt.17-08-2023 2/2

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Learned counsel for the State submits that the petitioner ought to have seek remedy before the Sub-Judge where the said Title Suit No.598 of 2022 relating to the said land is pending but instead of availing the remedy, the petitioner has filed the present writ petition.

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In the above mentioned facts and circumstances, the present Writ Petition stands disposed off directing the petitioner to avail his remedy before the Sub-Judge where the Title Suit No.598 of 2022 is pending by way of filing the injunction petition.

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(Dr. Anshuman, J.)

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Ritik/-

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Chhote Lal Sharma v. The State of Bihar

Case brief

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Chhote Lal Sharma v. The State of Bihar

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