Dismissed

Ganesh Bhagat v. the State of Bihar and Ors.

Patna HC27 Aug 2012L.P.A/857/2011

Case brief

AI extract

What is this about?

Bench held that disputes regarding title to immoveable property lie exclusively with Civil Courts, not revenue authorities. Consequently, dismissed the Letters Patent Appeal in limine without adjudicating merits, allowing the appellant to pursue title claims in civil court.

What did the court decide?

Appeal dismissed in limine. Appellant at liberty to file a suit in Civil Court regarding title.

Ganesh Bhagat Vs the State of Bihar and Ors. — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.857 of 2011 In

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Civil Writ Jurisdiction Case No. 12310 of 2010 With

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Interlocutory Application No. 3789 of 2011

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====================================================== Ganesh Bhagat, son of Late Shital Bhagat, resident of village and P.O.Dharahara and Anchal -Bhorey in the district of Gopalganj.

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.... .... Appellant

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Versus

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The State of Bihar

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Joint Director, Consolidation, Muzaffarpur 3. Dy. Director, Consolidation, Siwan

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Birja Bhagat

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Laljee Bhagat Both sons of Late Nathuni Bhagat, resident of village and P.O. - Dharhara Anchal Bhorey in the district of Gopalganj.

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.... .... Respondents

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====================================================== Appearance: For the Appellant : Mr. Ashutosh Jha Mr. Bijoy Kant Mishra, Advocates.

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For the Respondent nos. 4-5: Mr. Suresh Prasad Bhakta Mr. Sanjay Kumar Pandey No. 5 Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Re.: Interlocutory Application No. 3789 of 2011: The delay of 96 days occurred in filing the Letters

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Patent Appeal is condoned.

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6 27-08-2012

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Interlocutory Application stands disposed of. Re.: Letters Patent Appeal No. 857 of 2011: This Appeal, preferred under Clause 10 of the Letters Patent by the writ petitioner, arises from the judgment and order dated 2^nd December 2010 passed by the learned single Judge in CWJC No. 12310 of 2010.

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The matter at dispute is the right, title and interest in

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Patna High Court LPA No.857 of 2011 (6) dt.27-08-2012

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2 / 2

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the land Khata No. 154 Plot No. 411 admeasuring 7 decimals, Plot No. 480 admeasuring 4 decimals, Plot No. 261 admeasuring 20 decimals, Plot No. 1645 admeasuring 9 decimals and Plot No. 1296 admeasuring 20 decimals situated at village Dharhara, P.S.Bhorey, District-Gopalganj.

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The appellant claims a share in the said lands under his father Shital Bhagat son of Late Ram Padarath Bhagat. Whereas the respondent nos. 4 and 5 claim that the said lands were purchased by their grand-father one Jhuti Bhagat, son of late Ram Padarath Bhagat after the family partition. The respondent nos. 4 and 5 are, therefore, exclusive owners of the said lands through their ancestor Jhuti Bhagat.

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The matter being that of title to an immoveable property, the only remedy lies before the Civil Court. The revenue authorities have no jurisdiction to decide upon the title. Without entering into the merits, the Appeal is dismissed in limine.

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The appellant will be at liberty to raise dispute or claim for title over the aforesaid lands before the Civil Court.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Sujit/-

Ganesh Bhagat v. the State of Bihar and Ors.

Case brief

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Ganesh Bhagat v. the State of Bihar and Ors.

Case brief

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