IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3188 of 2011
GHURAN PRASAD .
Versus
THE STATE OF BIHAR & ORS .
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2. 14.03.2011 Heard learned counsel for the petitioner
and the State.
Learned counsel for the petitioner
submits that there is a bona fide land dispute going
on that whether the lands in question were public
lands or whether they belonged to cremation ground.
He submits that Title Suit No. 51 of 1993 is at the
verge of conclusion and judgment is awaited.
Therefore, the respondents may be restrained from
constructing any boundary wall over the lands in
question for short a duration awaiting the final
judgment.
Counsel for the State has invited
attention of the Court to Paragraph-5 of the
pleadings that injunction had been sought in the
Title suit as far back as 1994 and it appears that on
2.6.1994 the relief was declined as no order for
injunction were passed.
The petitioner had a remedy and he
availed it in the year 1994 and then abandoned it.
There is a civil suit pending. If the petitioner did not
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take his prayer for injunction it to its logical
conclusion at the necessary time today the Court
finds it difficult to invoke its extraordinary
jurisdiction under Article 226 of the Constitution of
India in the facts of the case to pass any interim
orders of nature prayed for.
The writ application is dismissed.
P. Kumar ( Navin Sinha, J.)