IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4996 of 2005 ====================================================== Ramanuj Singh, son of late Shiyaram Singh, Resident of village Nonar, P.S. Ramgarh, District Kaimur .... .... Petitioner Versus 1. The State Of Bihar 2. The Collector, Kaimur 3. The Sub Divisional Officer, Mohania, District Kaimur 4. The Anchal Adhikari, Ramgarh Anchal, District Kaimur 5. Ajit Singh, son of Ram Nagina Singh, R/o Nonar, P.S. Ramgarh, District Kaimur .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Yogendra Kumar Singh, Advocate For the Respondent No.5: Mr. Arjun Prasad Singh, Advocate ====================================================== 5 12-12-2011 Heard learned counsel for the petitioner, the State and the respondent no. 5. Petitioner seeks quashing of order dated 10.2.2005 passed by the Collector, Kaimur at Bhabua in Encroachment Appeal No. 1 of 2004-05, whereby the appeal of the petitioner has been dismissed, and also the orders passed in Encroachment Case No. 38 of 2000. It is submitted on behalf of the petitioner that the revisional survey plot no. 1486 has been carved out from the survey cadastral plot no. 626, however, mistake has occurred while making entry in the revisional survey rights of record and the same was not within the knowledge of the petitioner. 2 However, a proceeding has been initiated at the behest of respondent no. 5 under the Public Land Encroachment Act and a part of the plot no. 626 has been considered by the authorities as public land being recorded in the revisional survey records as “ Aam Awad Sadharan”. However, in view of the fact that the authorities have passed orders on the basis of the entry in the revisional survey rights of records, the petitioner has filed Title Suit No. 73 of 2004 for declaration of his right, title and interest upon the cadastral survey plot no. 626 and in the aforesaid title suit the State of Bihar as well as the respondent no. 5 are defendants. It is submitted that the petitioner intends to pursue the title suit and file injunction petition in title suit itself for restraining the respondent from demolishing the house of the petitioner which, according to him, is standing however, the cadastral survey plot n. 626. In above view of the matter, this writ application is being disposed of with liberty to the petitioner to pursue his case in the concerned title suit. Since the petitioner intends to file injunction petition for restraining the State respondents from demolishing the house of the petitioner, he would be liberty to do so. However, let the State respondents refrain themselves from demolishing the structure of the petitioner either for a period of 3 four weeks or till the date the petitioner files such application, whichever is earlier. Thereafter, the petitioner would have to pursue the issue before the trial court concerned. It is also made clear that this Court has not formed any opinion with regard to merit of the case of the petitioner as the same is to be decided by the trial court. This order has been passed with the consent of the parties. Spd/- (Dr. Ravi Ranjan, J)