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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The petition was dismissed as withdrawn, as the petitioner chose to withdraw the writ proceedings.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 The Court accepted the withdrawal and dismissed the writ petition as withdrawn, without addressing the merits.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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