IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8378 of 2004 1. BIHAR STATE HOUSING BOARD , through the Managing Director. 2. The Chairman, Bihar State Housing Board, Patna. 3. The Managing Director, Bihar State Housing Board, Patna., all having theirOffice at Mangles Road, P.S. Secretariat, Town and District Patna .……Petitioners. Versus 1.THE STATE OF BIHAR through the Secretary, Department of Housing , Government of Bihar, Patna. 2. Rental Flat Samanway Samiti, through its President Shri Ved Narayan Jha, Secretary Lila Nand Singh and other Executive Member, having offices at Rental Flat No.370, Lohia nagar, P.S. Kankarbagh, District Patna. 3. Shri Lila Nand Singh son of late Harinaandan Singh, R/o Rental Flat No. 230. 4. Shri Ved Narayan Jha, son of late Mahendra Jha resident of Rentgal Flat No. 370. 5. Smt. Shanti Devi wife of late Nawal Prasad, resident of Rental Flat No. 169, Mohalla Lohia Nagar, P.S. Kankakrbagh, District Patna. 6. Shri Mani Bhushan Srivastav, son of Late Bidhyachal Prasad, resident of Rental Flat No. 141 7. Shri Baban Lal son of late Baleshwar Nath Lal, resident of Rental Flat No. 104. 8.Shri Krishna Kant Sinha, son of late Reghbansh Sinha, resident of Rental Flat No. 158. 9.Shri Ram Pyare Rai son of Shri Dharmdeo Rai, resident of Rental Flat no. 302. 10.Shri Rajeshwar Prasad son of late harinandan Prasad R/o Rental Flat No. 274. 11.Shri Devendra Mohan Prasad son of late Dr. Ramautar Prasad, Resident of Rental Flat No. 74, All resident of Mohalla Lohia Nagar, P.S. kankarbagh, Dist. Patna. …Respondents. ----------- For the Housing Board : Mr. M. Amanullah, Advocate For the Respondent Nos. 7 and 11 : M/s Chandrashekhar , Sr. Advocate. Mr. Pankaj Kr. Sinha, Advocate Mr. Arun Kr. Das, Advocate. -------- 6 06.04.2011 Heard the parties. The petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India, questioning the validity and legality of order dated 15.1.2003, 2 passed in Misc. Appeal No. 56 of 2002 by learned Additional District Judge-VI, Patna, whereby while allowing the aforesaid appeal preferred by the plaintiffs- respondent nos. 2 to 11 herein has been pleased to set aside the original order dated 3.9.2002 passed in Title Suit No. 68 of 1997 by the learned Munsif-II, Patna and has further been alleged to allow the prayer for ad-interim injunction made on behalf of respondent nos. 2 to 11 herein. Learned counsel appearing on behalf of the petitioners has placed reliance on the provisions of the Bihar State Housing Board Act, 1982 (in short Act) and submits that as a matter of fact the aforesaid Title Suit No. 68 of 1997 filed by the plaintiffs- respondents is not maintainable and, therefore, impugned appellate order granting ad-interim injunction would be wholly without jurisdiction. Learned counsel appearing on behalf of some of the private respondents submits that question of jurisdiction is/was required to be raised by the defendants-petitioners before the trial court, and at this belated stage, when suit was filed as far back as in 1997 and evidence of parties have concluded, the defendants-petitioners cannot be permitted to raise the question of jurisdiction before this Court. However, without going into merits of the submissions made on behalf of the parties, this Court finds on the basis of materials available on record that hearing of Title 3 Suit No. 68 of 1997 commenced on 7.3.2011. It is contended by learned counsel for the private respondents that in all probabilities the suit is likely to be disposed of within two months. In the facts and circumstances set forth above, this court is of the considered opinion that instead of deciding the issues involved in the present proceeding, the suit itself be directed to be disposed of at an early date. The learned Munsif-II, Patna , who is in seisin of the suit , is hereby directed to conclude the hearing of the aforesaid Title Suit expeditiously and dispose of the same within a period of three months from the date of receipt/production of a copy of this order.. The parties shall be at liberty to raise all the issues before the learned trial court, which are involved in the present proceeding. With the aforesaid observations and directions, the present writ petition stands disposed of. Rahman/ ( Birendra Prasad Verma, J.)