Disposed

Ram Charitra Mahto v. The State Of Bihar and Ors.

Patna HC8 Aug 2024CWJC/15650/2014

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What is this about?

Writ petition seeking quashing of vacation notices and prohibition on evacuation pending civil title suit. Court granted liberty to prosecute civil suit and directed maintenance of status quo for three months to facilitate interim relief or expedition of civil proceedings.

What did the court decide?

Liberty granted to prosecute Title Suit No. 101/2014; maintenance of status quo for three months directed.

Ram Charitra Mahto Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.15650 of 2014

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Ram Charitra Mahto son of late Ramhit Mahto resident of village - Kumbhi, P.S. - Cheriabariyarpur, District - Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The District Magistrate, Begusarai.

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The Sub Divisional Officer, Begusarai.

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The Circle Officer, Cheriabariyarpur Circle, District - Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rabi Bhushan Prasad No. 1, Advocate For the Respondent/s : AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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6 08-08-2024

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The present writ petition has been filed

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seeking the following reliefs:-

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“1. (A) Issuance of writ in the nature of Certiorari for quashing the notice vide Memo No. 667 dated 31.12.2008 (Annexure-2) and other all consecutive notices issued on different dates under signature of the Respondent No. 4, Circle Officer, Cheriabariyarpur (Begusarai) by which petitioner has been directed to vacate the land in question.

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(B) Issuance of writ in the nature of Prohibition directing the respondents not to take steps to vacate the part of the plot in question, taking into consideration the pendency of T. S. No. 101/2014, before the competent Civil Court, Begusarai.”

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At the outset, the learned counsel for the

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Patna High Court CWJC No.15650 of 2014(6) dt.08-08-2024 2/2

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petitioner seeks liberty on behalf of the petitioner to prosecute the aforesaid Title Suit No. 101 of 2014, pending before the learned Court of SubJudge-IV, Begusarai. Liberty, so sought, is granted. 3. At this juncture, the learned counsel for the petitioner submits that as far as the stage of the aforesaid Title Suit, is concerned, evidence is on the verge of completion, hence some protection be granted to the petitioner during the interregnum period, in order to either enable the petitioner to obtain interim relief or get the suit proceedings expedited.

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In view of the aforesaid, while disposing off the present writ petition, I direct that the parties shall maintain status quo existing as on today for a period of three months, in order to enable the petitioner to either obtain injunction or get the proceedings of the aforesaid Title Suit expedited.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Ram Charitra Mahto v. The State Of Bihar and Ors.

Case brief

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Ram Charitra Mahto v. The State Of Bihar and Ors.

Case brief

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