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Patna High Court

Farida KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is granted liberty to pursue appropriate remedies in the pending title suit and the petition is disposed.

Summary

The petitioner, Farida Khatoon, filed a writ petition against the State of Bihar and several public officials seeking liberty to pursue appropriate legal remedies in a pending title suit (Title Suit No. 1447 of 2023) concerning encroachment. The title suit is before the Civil Judge, Senior Division, Siwan, and an order dated 14 September 2023 directed the parties to maintain the status quo. The Division Bench of the Patna High Court had earlier noted this status‑quo order in LPA No. 779 of 2024. The petitioner’s counsel requested that the court grant liberty to proceed with the pending suit despite the status‑quo direction. Justice Mohit Kumar Shah granted the requested liberty and disposed of the petition.

Issues considered

  • Whether the petitioner is entitled to liberty to avail appropriate remedies in the pending title suit despite the status‑quo order.
  • Whether the writ petition should be dismissed after granting such liberty.

Subjects

  • civil procedure
  • writ jurisdiction
  • status quo
  • title suit
  • liberty to pursue remedies
  • encroachment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2507 of 2024
                                                       In
                               Civil Writ Jurisdiction Case No.2290 of 2024
                 ======================================================
                 Farida Khatoon wife of Munna Hussain, Daughter of Md. Bashir, Resident of
                 Village- Bedu Tola, P.S.- Thawe, District- Gopalganj At present Resident of
                 village- Khawaspur, P.S. - Basantpur, District- Siwan.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Sri Mukul Kumar Gupta The District Magistrate, Siwan.
           3.    Sri Mukul Kumar Gupta The District Magistrate-cum-Second Appellate
                 Authority, District Public Complaint Cell, Siwan.
           4.    Sri Sujit Kumar The Additional District Magistrate-cum-1st Appellate
                 Authority, District Public Complaint Cell, Siwan.
           5.    Sri Miss Kumari Neha The Circle Officer, Lakri Naviganj, Siwan.
           6.    Sri Ram Ranjan Singh The Sub Divisional Public Complaint Cell,
                 Maharajganj, Siwan.
           7.    Shek Aslam, Son of Late Diljan K Mian, Resident of Village- Safiabad, P.S.
                 - Baikunthpur, Disrict- Gopalganj at present resident at Khawaspur, P.S. -
                 Basantpur, District- Siwan.
           8.    Md. Raish, Son of Late Babar Mian, resident at Khawaspur, P.S.- Basantpur,
                 District- Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Raju Prasad, Advocate
                                              Mr. Mithilesh Kr. Upadhyay, Advocate
                                              Ms.Tetara Kumari, Advocate
                                              Mr. Harendra Kumar, Advocate
                 For the Opposite Party/s :   Additional Advocate General- 13
                 For the O.P. No. 7       :   Mr. Umesh Kr. Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

7   17-04-2026              The Ld. Counsel for the parties are in agreement that the

                   encroacher has filed a title suit bearing Title Suit No. 1447 of

                   2023, which is pending consideration before the Ld. Court of

                   Civil Judge, Senior Division, Siwan, wherein by an order dated
         Patna High Court MJC No.2507 of 2024(7) dt.17-04-2026
                                                     2/2




                   14.09.2023, the parties have been directed to maintain status

                   quo and this fact has been noted by the Ld. Division Bench of

                   this Court in its judgment dated 27.09.2024 passed in LPA No.

                   779 of 2024.

                   2.      In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner to avail appropriate

                   remedies as are otherwise available under the law. Liberty, so

                   sought, is granted.

                   3.      The petition stands disposed of.



                                           (Mohit Kumar Shah, J)
S.Sb/-

U


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