IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2666 of 2010 ====================================================== 1. Kedar Singh S/O Sri Sheo Ratan Rai R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 2. Sujit Kumar S/O Sri Kedar Singh R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 3. Ravi Kumar S/O Paras Rai R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 4. Rajballam Kumar S/O Paras Rai R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 5. Pramod Kumar S/O Paras Rai R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 6. Ravindra Kumar S/O Paras Rai R/O Naya Tola, Saguna, P.S.- Danapur, Distt.- Patna 7. Upendra Prasad Singh S/O Mahtab Lal Rai R/O Vill.- Tarachak, P.S.- Danapur, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Home Commissioner Government Of Bihar, Old Secretariat, Patna 3. The Commissioner Patna Division, Patna 4. The District Magistrate Patna 5. Sri Adesh Titar Mare, Sub-Divisional Magistrate Danapur, Distt.- Patna 6. The Deputy Collector Land Reforms, Danapur, Distt.- Patna 7. The Circle Officer Danapur, Distt.- Patna 8. The Circle Inspector Danapur, Distt.- Patna 9. The Senior Superintendent Of Police Patna 10. The Sub-Divisional Police Officer Danapur, Distt.- Patna 11. The Officer-In-Charge Of Danapur Police Station Distt.- Patna 12. Dr. S.M. Badrul Hassan S/O Late Samsul Hassan R/O Mohalla- Saguna Bari Haweli, P.S.- Danapur, Distt.- Patna 13. Raj Mangal Ram S/O Ram Govind Ram R/O Mohalla- Muradpur, Bhikhanpura, P.S.- Ahiyapur, Distt.- Muzaffarpur (Previously Posted As Circle Officer, Danapur, Distt.- Patna) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi, Sr. Advocate Mr. Ritesh Kumar No. 1 Mr. Patanjali Rishi For the Respondent/s : Mr. A.C. AAG-6 . Mr. Avanish Kumar Singh Mr. Abinash Kumar For the Intervenors In I.A. No. 4869 of 2010 : Mr. S. Raza Ahmad, Sr. Advocate For the Intervenors In I.A. No. 5942 of 2011 : Mr. R.P. Singh, Sr. Advocate Mr. Rajeev Kumar Singh Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 11 19-12-2011 Re. I.A. No. 4869 of 2010 Present application has been filed seeking impleadment of the applicants as party respondents in the present writ application. After hearing the parties and in view of the pleadings made therein, the same is allowed. Applicants of the present interlocutory application are impleaded as respondent Nos. 14 to 33. Re. I.A. No. 5942 of 2011 Present interlocutory application has been filed on behalf of one person seeking his impleadment as party respondent. In view of the averments made therein and after hearing both the parties, the same is allowed. Applicant is allowed to intervene in the writ application as respondent No. 34. Office to carry out appropriate correction in the cause title. Heard. Dispute in the present case relates to a piece of land appertaining to plot No. 361 (area 29 decimals) and 362 (area 2.39 decimals), of Khata No. 35 situated in Mauza Mainpura (wrongly Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 3 described at some places as Saguna) in the district of Patna. Petitioners as well as private respondents claim title and interest on the said piece of land. Petitioners approached this Court raising a grievance with respect to the order dated 4.2.2010 (Annexure-6) passed by the respondent Sub-Divisional Magistrate, Danapur, Patna whereby, on an application filed by respondent 12, deployment of force was made on the plots in question for the period 6.2.2010 and 10.2.2010 in order to maintain law and order situation on the plots in question in view of the rival attempts made by the parties to possess the land. There is agreement at Bar that by different orders, the same was extended from time to time under the orders of the respondent Sub-Divisional Magistrate. The last order was passed by the Sub-Divisional Magistrate on 20.2.2010. The writ petition was lodged in this Court on 15.2.2010. On 22.02.2010, the matter was taken up and after hearing the parties present, this Court passed the following order by way of interim measure: “Till further orders of this Court, the Sub Divisional Magistrate, Danapur is restrained from seeking enforcement of his orders, as impugned herein, and any construction or such activity as has already been done by respondent No. 12, would be subject to orders of Civil Court and further orders of this Court as may be passed.” There is no controversy between the parties that in view of Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 4 the aforesaid order passed by this Court, the Sub-Divisional Magistrate, Danapur has not passed any order of extension of deployment of force on the plot(s) in question for maintaining law and order. In fact, there is an affidavit filed on behalf of respondent Sub-Divisional Magistrate stating therein that in view of the interim order passed by this Court on 22.2.2010, no further order extending the order dated 4.2.2010 has been passed. After hearing the parties at length and on perusal of the diverse affidavits/counter affidavits filed on behalf of the parties, it appears that two title suits bearing Title Suit No. 204 of 2002 in respect of part of the disputed land (plot No. 362) and Title Suit No. 21 of 2010 in respect of the remaining part of the disputed land appertaining to plot No. 361 are pending in the Court of learned Sub-Judge, Danapur. In Title Suit No. 204 of 2002, the petitioners herein have already filed an application seeking transposition/addition as plaintiffs in the suit and the said application, it is informed, is pending consideration. Title Suit No. 21 of 2010 has been filed by different plaintiffs including petitioner No. 3 (Ravi Kumar herein). There is also no dispute that the respondents herein are either parties to the suit and/or appropriate applications have already been filed for their impleadment as defendant(s) in the aforesaid suit(s). There is Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 5 further agreement at Bar that this Court in the present proceeding may not proceed further in the matter and leave the parties to approach the learned Trial Court for appropriate relief(s) in the matter. Mr. Shahi learned Senior Counsel informs the Court that appropriate application(s) seeking injunction and/or interim relief have already been filed in the two pending title suits. Learned counsel contends that if need be, the petitioners would file appropriate applications to supplement the aforesaid pending applications or would file fresh application seeking interim relief in the pending suits within four weeks from today. Learned counsel for the respondents, on the other hand, contended that the two suits are pending in two different Courts of cognate jurisdiction. It is contended that in the fitness of things, both the suits should be made cognate and heard by one learned Judge. It is further contended that the position as stands today is that there is no order passed by the respondent Sub-Divisional Magistrate, Danapur in respect of plots in dispute except the interim order passed by this Court on the present application. Having heard the parties and on perusal of the materials on record, this Court is satisfied that present application be disposed of by the following order/observation:- Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 6 (i) The parties in the pending two title suits would be at liberty to approach the District Judge, Patna for allocation of both the pending suits (Title Suit No. 204 of 2002 and Title Suit No. 21 of 2010) to one Court. If any such application(s) is/are filed, the same shall be considered and disposed of in accordance with law by the learned District Judge, Patna. (ii) The petitioners would approach the trial Court in seisin of Title Suit No. 204 of 2002 and Title Suit No. 21 of 2010 by supplementing the previous application seeking interim relief, if any, and/or by filing fresh application(s) seeking interim relief in the pending suits within four weeks from today. (iii) It is expected that the learned Trial Court shall consider and dispose of those applications expeditiously in accordance with law. (iv) The interim order passed by this Court on the present writ petition quoted hereinabove shall hold the field for five weeks from today. (v) It will also be open to defendant(s) of the two Patna High Court CWJC No.2666 of 2010 (11) dt.19-12-2011 7 pending suits to approach the Court for any interim relief in accordance with law. PANKAJ KUMAR/- (Kishore K. Mandal, J)