IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3400 of 2008
Upendra Manjhi, son of Late Garaju Manghi, village Pasarama, PS and
District Gopalganj - Petitioner.
Vs.
1) The State of Bihar,
2) The Collector, Gopalganj.
3) The S.D.O. Gopalganj.
4) The Circle Thar, Circle-Gopalganj, Dist. Gopalganj.
5) The Dist. Board, Gopalganj through its Chairman.
6) The Assistant Engineer, Dist. Board, Gopalganj.
7) Shri Munna Giri, son of Shri Satyanarayan Giri, village Pasarma, PS
and District Gopalganj - Respondents
7 17.11.2011
Heard learned counsel for the parties
This writ petition has been filed on behalf of the
petitioner that the respondent District Board or the State of Bihar
should not evict him from the land in question.
It appears that the petitioner has filed T.S. No.
302/2007. In my view it is the court which is in seisin of the title
suit which can grant any relief to the petitioner.
Counsel for the District Board submits that in fact the
petitioner has already been evicted after following due procedure
as laid down under the Land Encroachment Act which is apparent
from Annexure-B. It is also submitted that the suit is not
maintainable. It would be open for the District Board to raise this
issue as a preliminary issue in the suit itself.
In the facts aforesaid this court, therefore, cannot pass
any positive order or come to any positive finding regarding the
facts of this case.
This writ petition is, thus, disposed of.
haque ( Sheema Ali Khan, J .)