Patna High Court grants liberty of filing appropriate petition for grant of interim relief

TITLE: Madhusudan Yadav & Ors. v. The State of Bihar & Ors.

Decided on: 04-07-2023

CWJC No: 2322/2023

Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Facts of the case:

The present writ petition has been filed seeking the following relief :-

“(i). For issuance of a writ in the nature of mandamus commanding the respondents concerned to not disturb peaceful possession of the petitioners with regards to the land of Khata No.117(Old)/350(New), Plot No.318(Old)/625(New), Area-2 Acre, Bounded as North- Road, South-Pyne, East-Nala and West-Naresh, situated as Village- Kewali,P.S. and Anchal-Chandauti, District-Gaya.

(ii). For staying the removal proceeding in connection with the aforesaid land till the disposal of the instant case.”

Analysis of the court and decision:

The learned senior counsel for the petitioners seeks liberty on behalf of the petitioners to raise all the issue raised in the present writ petition in the pending suit bearing Title Suit No.248 of 2022, which is pending adjudication before the learned Court of Sub-Judge-1, Gaya, apart from also filing appropriate petition for grant of interim relief. Liberty so sought is granted.

The writ petition stands disposed of.

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Written by- Meghana D

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Primelegal Team

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