High Court Patna High Court - Orders

Rajeshwar Jha vs The State Of Bihar & Ors on 12 September, 2011

Patna High Court – Orders
Rajeshwar Jha vs The State Of Bihar & Ors on 12 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CWJC No.883 of 2009
                   Rajeshwar Jha son of late Ram Chandra Jha, resident of village-
                   Barahgama, Police Station- Khanpur, District- Samastipur.
                                                  Versus
                   1. The State of Bihar
                   2. District Magistrate, Samastipur.
                   3. The Circle Officer, Kharpur.
                                        -----------

03. 12.09.2011 The present writ application has been filed for

issuance of a direction to respondent no. 3 to restore the

possession of the land in original shape appertaining to old

Survey Plot No. 2753 and 2754 of which the petitioner

claims to be absolute owner as the petitioner suffered

monetary loss due to the structure removed by the

authority for constructing the road.

The counter affidavit reflects that the

encroachment has been removed from the public land for

construction of the road.

It appears that the petitioner has filed Title Suit

No. 22/08 for the same relief which is still pending.

Let the petitioner raise all his grievances in the

title suit. It is expected from the learned court below to

dispose of the aforesaid title suit expeditiously, since only

the government officials are party defendants in the title

suit.

2

With the above observation, the writ application

is disposed off.

Amrendra/                               (Dinesh Kumar Singh, J)