Disposal of criminal writ petition involving land dispute and proceedings under Sections 144/147 CrPC. Court held petitioner has remedy via application to the lower court and disposed the writ.
The writ application was disposed of with a direction to communicate the order to the court below via fax at the cost of the petitioner.
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Patna High Court CR. WJC No.525 of 2013 (5) dt.08-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.525 of 2013
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.... .... Petitioner/s Versus 1. The State Of Bihar
.... .... Respondent/s
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Appearance : For the Petitioner : Mr. Ajay Kumar Thakur, Advocate Mr. Birendra Kumar, Advocate For the State : Mr. Arun Kumar, A.C. to G.P.5 For the Patna Municipal : Mr. Sanjay Prakash Verma, Advocate Corporation, Patna.
===================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER
5 08-08-2013 Heard learned counsel for the parties. When the matter was heard on Interlocutory
Application No. 1037/2013, but with consent this writ
Patna High Court CR. WJC No.525 of 2013 (5) dt.08-08-2013
application itself is being disposed of.
Admittedly there was proceeding under section 144 of the Code of Criminal Procedure with respect to a piece of land initiated at the instance of respondent no. 7 against the petitioner vide Miscellaneous Case No. 112M/2012 which vide order dated 5th January 2013, has been passed by S.D.M. Danapur, has been converted into proceeding under section 147 of the Code of Criminal Procedure, and the petitioner has also been restrained from proceeding further with the construction over the subject matter of dispute.
Having regard to the facts and circumstances and nature of dispute, petitioner has remedy before the court below itself by filing due application enclosing all relevant documents in the event of making to pray with adequate materials, court below after hearing of the parties should pass appropriate order immediately.
With the above observation, this writ application stands disposed of.
Let a copy of this order be communicated to the court below through Fax at the cost of petitioner.
(Akhilesh Chandra, J.)
Rajeev/-
3 issues framed by the court
Whether the petitioner can approach this High Court directly for dispute over land where proceedings under Sections 144/147 CrPC are pending with the court below.
Whether the writ petition requires further facts to be collected by the court before disposal.
Whether an interlocutory application from the court below is available to the petitioner as an alternative remedy.
Jai Maa Ambey Construction
The State Of Bihar
The District Magistrate, Patna
The Sub Divisional Magistrate, Danapur
The Circle Officer, Danapur
The Patna Regional Development Authority
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
