Disposed

Yashwant Kumar Singh v. The State Of Bihar And Others

Patna HC10 Sept 2012CWJC/12389/2012

Case brief

AI extract

What is this about?

The petitioner, claiming ownership of raiyati land, filed a writ petition seeking a direction to restrain school authorities from constructing a building on the land. The court did not decide the ownership immediately but directed the Sub-divisional Officer to visit the spot, measure the land, and pass an appropriate order.

What did the court decide?

Petitioner directed to appear before the Sub-divisional Officer for spot measurement and subsequent appropriate order.

Yashwant Kumar Singh Vs The State Of Bihar And Others — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12389 of 2012

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====================================================== Yashwant Kumar Singh S/O Late Tirthnath Singh Resident Of Village, Police Station And Post Office Nauhatta, District Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Education, Government Of Bihar, Patna. 2. The Principal Secretary, Department Of Education, Government Of Biahr, Patna. 3. The Divisional Commissioner, Kosi, Saharsa. 4. The Collector Cum District Magistrate, Saharsa. 5. The District Education Officer, Saharsa. 6. The Sub Divisional Officer, Saharsa. 7. The Circle Officer, Nauhatta Circle, District Saharsa. 8. The Block Education Officer, Nauhatta, District Saharsa. 9. The Block Development Officer, Nauhatta Block, Nauhatta, District Saharsa. 10. The Pramukh, Nauhatta Block, Nauhatta, District Saharsa. 11. The Head Master, State Subsidised High School, Nauhatta, District Saharsa. 12. The Incharge Head Mistress, Kasturba Gandhi Girls School, Nauhatta, District Saharsa. 13. Gunjeshwari Devi W/O Devnath Jha Resident Of Village, Police Station & Post Office Nauhatta, District Saharsa. 14. The Station Head Officer, Nauhatta, Police Station Nauhatta, District Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s. Shravan Kumar, Sr. Adv., Dinesh Maharaj, Advocate For the Respondent/s : Mr. Mohan Kumar Singh, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 10-09-2012 Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of the lands detailed in Annexure-1 of village Nauhatta in the district of Saharsa. This writ petition has been filed for a direction to restrain respondent nos.8 to 13 from raising school building over the aforesaid land as the

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Patna High Court CWJC No.12389 of 2012 (2) dt.10-09-2012 2/3

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said lands are the raiyati land of the petitioner, as was found by the Revenue Officer, Saharsa under order dated 15.10.2004, Annexure-2 passed in Case No.26704/86.

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It is submitted on behalf of the petitioner that highlighting the highhandedness on the part of respondent nos.8 to 13 a petition was filed before the Sub-divisional Officer, Saharsa who also issued direction restraining the respondent nos.8 to 13 from proceeding with the construction of the school building over the aforesaid land of the petitioner but they continued to proceed with the construction. Aforesaid fact was also brought to the notice of the Divisional Commissioner, Kosi Division, Saharsa who also issued restraint order but the respondent nos.8 to 13 are not obeying the instructions of the Divisional Commissioner as well and petitioner has approached this Court.

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Having heard counsel for the parties, I direct the petitioner to appear before the Sub-divisional Officer, Saharsa who shall visit the spot in question and after measurement of the lands in question shall pass appropriate order in the matter. If the Sub-divisional Officer is satisfied that the lands belong to the petitioner and respondent nos.8 to 13 are trying to intermeddle with the same without there being any right vested in them he shall take appropriate action against respondent nos.8 to 13.

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Patna High Court CWJC No.12389 of 2012 (2) dt.10-09-2012 3/3

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Necessary order in this regard be passed by the Sub-divisional Officer, Saharsa as early as possible, in any case within one month from the date of receipt/appearance of the petitioner along with a copy of this order.

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The writ application is, accordingly, disposed of.

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(V.N. Sinha, J)

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Rajesh/-

Yashwant Kumar Singh v. The State Of Bihar And Others

Case brief

What is this about?

What did the court decide?

Yashwant Kumar Singh v. The State Of Bihar And Others

Case brief

What is this about?

What did the court decide?

What the court decided

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