Yoganandan Singh vs The State Of Bihar And Ors
2024 Latest Caselaw 7338 Patna

Patna High Court

Yoganandan Singh vs The State Of Bihar And Ors on 18 November, 2024

Author: Alok Kumar Pandey

Bench: Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12287 of 2018
     ======================================================
     Yoganandan Singh S/o Siteshwar Singh R/o Mohalla- ALinagar, P.O.-
     Gokulpur, P.S.- K. Nagar, Alinagar, Gokulpur, District- Purnea

                                                                    ... ... Petitioner/s
                                         Versus
1.   The State Of Bihar and Ors
2.   The Principal Secretary, Land Reforms and Revenue Department, Govt. of
     Bihar
3.   The Commissioner, Purnea
4.   The District Magistrare. Purnea
5.   The Additional Collector, Purnea
6.   The Deputy Collector Land Reforms Department, Purnea
7.   The Sub Divisional- Officer, Sadar, Purnea
8.   The Circle Officer, Block- K.Nagar, P.S.- K. Nagar, District- Purnea
9.   The District Public Griances Redressal Department Officer, Office of
     District Public Grivances and
10. Shukkal Rishi S/o Late Garbhu Rishi
11. Snatokhi Rishi S/o Late Garbhu Rishi
12. Rasto Rishi S/o Late Darogi Righi
13. Baishaki Rishi S/o Late Garbhu Rishi All Respondant no 10 to 13 in
    representative capacity are R/o Village- Alinagar, Gokulpur, P.S.- K.Nagar,
    Via- Sarsi, District- Purnea

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        None
     For the Respondent/s   :        Mr.Md. Khurshid Alam - Aag12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
      Date : 18-11-2024

                    On 11.11.2024, the following order was passed:-

                                None appears for the petitioner.
                                2. In the instant petition, petitioner
                                has prayed for the following relief(s):-
                                         (i) For the issuance of
                                appropriate writ order/ direction
                                commanding the respondents to for
 Patna High Court CWJC No.12287 of 2018 dt.18-11-2024
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                                  with implement the order judgment
                                  and Degree dated 26.05.2008 and
                                  09.06.2008

passed by Munsif Sadar, Purnea in Title Suite no. 12603/1964 in favour of the petitioner in its letter and spirit.

(ii) For the issuance of appropriate writ/order/ direction commanding the Respondents to make necessary correction in the record of right (Khatiyani) in view of the Judgment and Degree dated 26.05.2008 and 09.06.2008 passed in Title Suit no. 12603/1964 and issue rent receipts in favour of the petitioner.

(iii) For the issuance of appropriate writ order/direction commanding the Respondent to passet appropriate order after making inquiry as raised by respondent no. 4 in his order contained in letter no. 1818 dated 09.09.2016 addressed to respondent no. 6 and 7.

(iv) For issuance of appropriate writ/order/ direction commanding the respondents not to disturb the peaceful possession over the land appertaining to khata (old no. 4), R.S. Khata no. 23, C.S Plot no. 6 R.S. Plot no. 8 area 6.24 acres, moujja- Kheduchakla pargara- Dharmpur, P.S.- Sadar, District - Purnea/ to maintain status - Quo till the disposal of the instant writ application.

3. Learned counsel for the State seeks one weeks' time to file Patna High Court CWJC No.12287 of 2018 dt.18-11-2024

counter affidavit.

4. As prayed for, re-list this matter on 18.11.2024.

5. If learned counsel for the petitioner fails to appear on the next date of hearing, the matter would be decided with the available records for the reasons that the present matter is pending consideration of the last about six years.

2. Today also none appears for the petitioner.

3. From the perusal of prayer clause to the writ

petition, it is crystal clear that the present writ petition has been

filed for execution of judgment and decree dated 26.05.2008

and 09.06.2008 respectively passed by the Munsif Sadar, Purnea

in Title Suite no. 12603/1964.

4. Learned counsel for the State submits that the

present matter is related with the execution of judgment and

decree passed in Title Suite No. 12603/1964 and the petitioner

without approaching the concerned forum for the execution of

the aforesaid decree, has directly rushed to this Court in its writ

jurisdiction, and as such, the present writ petition is not

maintainable.

5. Considering all the facts and circumstances of the

case as well as material available on record, the present writ

petition stands disposed of as not maintainable.

Patna High Court CWJC No.12287 of 2018 dt.18-11-2024

6. However, disposal of the writ petition would not be

hurdle for the petitioner to represent his grievance before the

appropriate forum, as per law.

(Alok Kumar Pandey, J) alok/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          19.11.2024.
Transmission Date       N/A