Dau Dubey and Another vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

This writ application arises out of orders passed by the authorities under the provisions of The Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter to be referred to as "Act").

It has been brought on record by way of an affidavit by the private respondents that during pendency of this writ application, respondent No. 6 filed Title (P) Suit No. 162 of 1992, where the petitioners are party defendants. It is further stated that the petitioners defendants have acknowledged the claim of the plaintiff.

Learned counsel for the petitioner, however, disputes this aspect of the matter, but admits that Title (P) suit is pending in the Court below in between the parties.

In the supplementary counter affidavit filed on behalf of respondent No. 5, extract of the order-sheet dated 7.5.1994 of Title (P) Suit has been annexed showing that the plaintiff and the defendants have appeared in the Court below and have filed certain petitions.

Since a Title (P) Suit is pending in between the parties before the competent Civil Court, in my opinion, no useful purpose will be served by interfering with the orders impugned. The Claim of the petitioners however, shall be adjudicated upon by the competent Civil Court without being prejudiced or influenced by the orders passed by the authorities under the Act.

With the direction/observation aforesaid, this application is disposed of.