IMPORTANT POINT
Where civil court was in seisin of matter in a title suit it would be inadvisable for High Court to go into merits in a writ petition over the same cause between same parties.

Aparesh Kumar Singh, J.—Heard learned counsel for the petitioners and the State.

2. Petitioners have approached this Court with a prayer to direct the Respondent State authorities to restrain themselves from taking over the physical possession of the land having an area of 0.82 decimal in plot no. 469 and 0.06 decimal in plot no. 472 under Khata No. 70 purchased through sale deed dated 07.10.1967 and 1.08 acres of land in plot nos. 470 and 471 under Khata No. 70 standing in the name of one Rakesh Kumar Singh, husband of the petitioner no. 1 and father of petitioner no. 2 on the basis of sale deed dated 19.02.2016. Prayer has also been made to direct the Sub Divisional Magistrate, Hazaribagh to ensure maintenance of peace and harmony pursuant to the application made under section 144 Cr.Pc which has been registered as Case No. 47/2017. Petitioners have also sought restraint upon the private respondents from evicting them from possession of the lands in question.

3. Petitioners contend that in the garb of measurement exercise undertaken by the Circle Officer, Hazaribagh, lands of the petitioners are being grabbed and there is regular threat of eviction without any authority of law.

4. It is apparent from the prayer of the writ petition that Title Suit No. 40/2016 filed by the petitioners for cancellation of Sale Deed No. 1195 dated 19.02.2016 is pending in the Court of Senior Civil Judge-I, Hazaribagh where they have also filed an application under Order 39, Rule 1 and 2 CPC.

5. On 28.03.2017, following order was passed after hearing the counsel for the petitioners and the State.

“Learned counsel for the petitioner has contended that during pendency of Title Suit No. 40 of 2016, with the help of the Authorities, defendant nos. 1 and 3 are taking steps for dispossession of the plaintiff from the suit land. Circle Officer, Sadar, Hazaribagh has directed Officer In-charge, Sadar, Hazaribagh to submit a report for initiation of a proceeding under Section 144 of Cr.P.C and also issued notices for measurement of the land as per the notices dated 15.02.2017 bearing Memo No. 93, Annexure- 8 and Memo No. 247 dated 16.02.2017, Annexure- 9. Learned counsel for the petitioner submits that though other defendant has appeared but the defendants nos. 1 and 3 are avoiding notices. Call for the status report of Title Suit No. 40 of 2016 and the application filed under Order 39, Rule 1 and 2 of the Civil Procedure Code by the plaintiff/petitioner herein from the Court of learned Civil Judge, Sr. Division-I, Hazaribagh. Let the status report be furnished within one week by the learned Court. The matter is accordingly passed over for the day.”

Status report has been furnished by the learned Trial Court which reads as under:

“(1) Title Suit No. 40/16 titled as Kanchan Most. And another v. Premlata Most. And others is pending in my court. Suit was instituted on 5.3.16 and the same was admitted vide order dated 10.3.16 with direction to plaintiffs to take steps for notice upon defendants.

(2) Defendant no. 2 Sheo Shankar Singh appeared on 14.9.16 and filed his w/s on 8.12.16. No step was taken on behalf of plaintiff on 17.12.16. Thereafter, vide order dated 9.2.17, S/R of notice issued against defendant no. 1 treated unserved upon which prayer was made on behalf of plaintiff for issue of fresh notice through registered post. That request was allowed and fresh notice was issued on 10.2.17. Next date as fixed in this case was 10.3.17.

(3) Although, date as fixed in this case was 10.3.17 but one application U/O XXXIX Rule 1 & 2 read with section 151 CPC was filed on behalf of plaintiff on 22.2.17 itself with a prayer for interim injunction against defendant no. 3. It was also prayed on behalf of plaintiff that one show cause notice may directed to be issued against defendant no. 3 relating to injunction application. Prayer was allowed and show cause notice both by way of Nazarat as well as registered post was issued on 22.2.17 itself. P.