IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13415 of 2008 1. CHANDRIKA PRASAD MANDAL SON OF LATE MAUZI LAL MANDAL, RESIDENT OF SRI KRISHNA ROAD, BELAN BAZAR, P.S. KASHIM BAZAR, DISTRICT MUNGER. 2. MANOHAR KUMAR GUPTA, SON OF SRI SHEETAL PRASAD SAH, RESIDENT OF MOHALLA KASHIM BAZAR, P.S. KASHIM BAZAR, DISTRICT MUNGER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, MUNGER. 3. THE SUB-REGISTRAR, MUNGER. 4. THE CIRCLE OFFICER, SADAR MUNGER, DISTRICT MUNGER. 5. BIDHAN CHAND MANDAL, SON OF LATE GOPI KRISHNA MANDAL, RESIDENT OF SRI KRISHNA ROAD, BELAN BAZAR, P.S. KASHIM BAZAR, DISTRICT MUNGER. 6. BHAWANI CHANDAL, SON OF LATE GOPI KIRSHNA MANDAL, RESIDENT OF SRI KRISHNA ROAD, BELAN BAZAR, P.S. KASHIM BAZAR, DISTRICT MUNGER. ----------- 03. 21.12.2010 Re : I.A. No.8364 of 2010 Having considered the contents of I.A. No.8364 of 2010 the name of petitioner no.1 is expunged from the array of parties and his only son indicated in paragraph-2 of the interlocutory application is directed to be substituted in place of petitioner no.1. 2. I.A. No.8364 of 2010 is, accordingly, disposed of. 3. Heard learned counsel for the petitioner and the State. 4. This writ application has been filed questioning the direction of the Collector, Munger contained in letter no.45 dated 28.1.2006 Annexure-2, whereunder he has restrained Sri Chandrika Prasad Mandal from executing the sale deed in regard to the lands in question at the instance of private respondent nos.5 and 6 with further direction that an enquiry be made in regard to the ownership of the lands in question by the Circle Officer, Sadar Munger. 5. By filing counter affidavit the authorities of the State has - 2 - justified the direction of the Collector, Munger on the ground stated in paragraph-9 of the counter affidavit, perusal whereof indicates that the lands in question is the subject matter of First Appeal No.344 of 1972 pending before this Court and in spite of pendency of the aforesaid first appeal in which Sri Chandrika Prasad Mandal and private respondents are parties, the sale deed is being executed in favour of Manohar Prasad Gupta, petitioner no.2 which is likely to affect the interest of private respondent no.5 in the pending appeal. The lands in question may have been the subject matter of the aforesaid first appeal but pendency of the first appeal cannot be a ground for the Collector, Munger to restrain the parties to the first appeal from executing the sale deed. Accordingly, the order of the Collector dated 28.1.2006, Annexure-2 restraining Chandrika Prasad Mandal from executing the sale deed is set aside, however, with observation that any sale deed executed by the petitioner no.1 shall be subject to the result of First Appeal No.344 of 1972. 6. With the observation aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)