Madan Mohan Mishra vs The State Of Bihar &Amp; Ors on 13 January, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.39036 of 2007
                          MADAN MOHAN MISHRA
                                     Versus
                         THE STATE OF BIHAR & ORS
                                    -----------

8 13.1.2011 List this case after disposal of CWJC No. 5436 of

2008.

Let the counter affidavit be kept on the record.

The present position is that the proceeding under

Section 48D of the Bihar Tenancy Act is under challenge in the

aforesaid writ application. It is well settled that if 48D of the

Bihar Tenancy Act proceeding is pending between the parties, 145

proceedings would usually not be maintainable.

However, since there is a dispute regarding the

possession, I direct that status quo should be maintained with

respect to the lands in question.

     Sanjay                                                ( Sheema Ali Khan, J.)