Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn, as the petitioner chose to withdraw the writ proceedings.
Summary
Sunil Kumar filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 24 July 2023 issued by the Deputy District Collector, which directed the Officer in Charge to restore possession of a residential house to Anita Devi, and also sought a mandamus to restrain execution of that order on the ground that the Collector lacked jurisdiction while a partition suit was pending. The petitioner argued that the order interfered with the pending suit and was beyond the authority of the respondent. The petitioner’s counsel later moved for withdrawal of the petition. The Court accepted the withdrawal and dismissed the writ petition as withdrawn, without addressing the merits.
Issues considered
- Whether the Deputy District Collector had jurisdiction to order restoration of possession in a property subject to a pending partition suit.
- Whether the order dated 24 July 2023 should be quashed by certiorari.
- Whether a writ of mandamus is appropriate to restrain execution of the order.
Subjects
- writ jurisdiction
- certiorari
- mandamus
- jurisdiction
- possession
- partition suit
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13019 of 2023
======================================================
Sunil Kumar S/O Late Ram Chandra Prasad @ Lal Babu, Resident of
Mohalla- Pethiya, Phulwarisharif, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The District Magistrate Cum Collector, Patna.
3. The Deputy District Collectory Cum - Public Complain Redressal Officer -
Cum - First Appellate Authority Patna, District Patna.
4. The Officer in Charge, Phulwarisharif District Patna.
5. Anita Devi W/O Late Anil Kumar, Resident of Pethiya Bazar, P.O. and P.S.
Phulwarisharif, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv.
For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of an appropriate
writ in the nature of certiorari for quashing
he order dated 24.7.2023 passedd by
respondent No.3 in Public Complain
No.528210121032304509/1A Whereby and
where under respondent No. 3 has been
directed the respondent No. 4 to restore the
possession of respondent No. 5 in residential
house of petitioner.
(ii) For issuance of an appropriate
writ in the nature of MANDAMUS
Patna High Court CWJC No.13019 of 2023(2) dt.28-04-2026
2/2
Commanding and directing the respondent
authority to restrain in execution of order of
Respondent no.3 because respondent No. 3
had no jurisdiction to see the possession ad
dispossession of any person particularly
when a partition Suit bearing T.S.
no.114/1973 is pending in which vide order
dated 24.7. 78 parties were directed to
maintain statuesque.
(iii) Further for issuance of any
other writ/writs order/ orders direction/
directions for which petitioner shall be found
entitled Under the facts and circumstances of
the case.
3. Mr. Pankaj Kumar, learned counsel for the petitioner
prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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