Disposed

Arun Kumar Verma v. the State of Bihar and Ors.

Patna HC7 Mar 2011CWJC/12937/2010

Case brief

AI extract

What is this about?

The Court held that an Anchal Adhikari cannot decide issues of title in a property dispute. Without the original petition, the petitioners were directed to pursue remedies under Section 145 Cr.P.C. The writ application was disposed accordingly.

What did the court decide?

Petitioners directed to pursue remedies under Section 145 Cr.P.C.; previous order's ancillary observations to be disregarded.

Arun Kumar Verma Vs the State of Bihar and Ors. — Property and Title | Patna HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CWJC No.12937 of 2010

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ARUN KUMAR VERMA S/O SHRI RAM BHAJAN PRASAD R/O BAKHARI KHAJURI,P.O. BARHARWA FATEHMOHAMMED,P.S.DHAKA,DIST.-EAST CHAMPARAN.

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Versus

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THE STATE OF BIHAR

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THE DISTRICT ,EAST CHAMPARAN ,MOTIHARI.

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THE SUPERINTENDENT OF POLICE,EAST CHAMPARAN,MOTIHARI.

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THE S.D.O.,SIKARAHAN DHAKA,EAST CHAMPARAN,MOTIHARI. 5. THE CIRCLE OFFICER,DHAKA,DIST.-EAST CHAMPARAN.

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SHRI MEGH NATH RAJAK,THE CIRCLE

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INSPECTOR,DHAKA,EAST CHAMPARAN.

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SHRI RAM SAGAR RAI , THE OFFICER INCHARGE,P.S.DHAKA,DIST.-EAST CHAMPARAN.

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SHRI RAM JANAM CHOUDHARY S/O LATE DEEP LAL CHOUDHARY R/O VILL.-BAKHARI KHAJURI,P.S.-DHAKA,DIST.EAST CHAMPARAN.

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2. 07.03.2011

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Heard learned counsel for the petitioner, for the State and for respondent no. 8 who has appeared suo motu.

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It appears from the records that there is a property and area/boundary dispute between the petitioner and respondent no. 8. There are proceedings under Section 107 Cr.P.C. between them also. Learned counsel for the petitioner submits that on an application made by respondent no. 8, to the Superintendent of Police, referred to the Circle Officer, by the impugned order dated 23.6.2010, the Circle Officer has virtually decided issues of title and legality of area and boundary possessions thereunder. The

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submission is that he had no such power which vest in a civil Court alone.

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Learned counsel for respondent no. 8 opposes the application to submit that the petitioner has been heard, full opportunity was granted, therefore the Court may not interfere with the order.

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The petitioner has not placed on record the original application filed by respondent no. 8 in pursuance of which the impugned order dated 23.6.2010 is stated to have been passed. In absence of the Court being made aware of the contents of the same, the nature of the proceedings before the Anchal Adhikari, the Court does not find it possible to outright interfere at this stage with the order dated 23.6.2010. The Court however does find that the Anchal Adhikari proceed to decide issue of title which he cannot do.

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The petitioner so desires he may pursue his remedies appropriately under Section 145 of the Cr. P.C. which appears to be more applicable in the nature of the dispute between the parties with regard to the area and boundary of the property. If such an application is filed by the petitioner, let the competent authority decide the

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same in accordance with law, after hearing respondent no. 8 also when any discussion, observation or finding contained in the order dated 23.6.2010, shall not be an impediment and of no consideration.

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The writ application stands disposed.

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P. Kumar

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( Navin Sinha, J.)

Arun Kumar Verma v. the State of Bihar and Ors.

Case brief

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Arun Kumar Verma v. the State of Bihar and Ors.

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