Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 33247 (PAT)

Ram Sajan Mahto v. The State of Bihar

CWJC/6730/2019 · 2025-06-26

Anshuman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6730 of 2019 ====================================================== Ram Sajan Mahto S/o Ram Dhyan Mahto Resident of Village-Bangraha, P.S.- Vidyapati Nagar, District-Samastipur ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna 2. The District Magistrate, Samastipur 3. The Sub-Divisional Magistrate, Dalsingsarai, District-Samastipur 4. The Block Development Officer, Vidyapati Nagar, District-Samastipur 5. The Secretary, Gram Panchayat Raj, Bangraha, District-Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate For the State : Mr. Akhileshwar Singh (AC to GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 4 26-06-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present writ petition has been filed for issuance of writ in the nature of mandamus directing the respondent authorities to root the brick soled road up, forcibly constructed on the portion of the land of the petitioner bearing Plot No.1424 under Khata No.185 (new) (corresponding to the old Plot No.1872 under Khata No.1424) measuring an area of 3 kathas situated in Village- Bangraha under Block Vidyapati Nagar in the district of Samastipur and to grant any other relief/reliefs for which the petitioner may be found legally entitled in the facts Patna High Court CWJC No.6730 of 2019(4) dt.26-06-2025 2/2 and circumstances of the case. 3. After some arguments, learned counsel for the petitioner submits that a title suit between the parties is pending bearing Title Suit No.97 of 2017 before the Court of Sub-Judge 1st, Dalsingsarai. He submits that the present writ petition may be disposed off due to pendency of the said Title Suit No.97 of 2017. 4. Learned counsel for the State submits that when the dispute between the parties are sub-judiced before the Sub- Judge Court, then there is no need to pursue the present writ petition. 5. In the light of the submissions made, this Court finds that the Title Suit No.97 of 2017 is pending between the parties. Therefore, there is no need of passing any order on merit. Hence, this writ petition stands disposed off. Parties are free to proceed in accordance with law after decision of Title Suit No.97 of 2017. Divyansh/- (Dr. Anshuman, J) U