Allowed

Radha Rani Devi @ Bimla Singh v. The State Of Bihar and Ors.

Patna HC17 Sept 2013CWJC/15531/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioner’s writ petition, quashing an order by the Circle Officer that stopped construction. The Court held the order was without jurisdiction, while clarifying this does not affect decision-making by other forums.

What did the court decide?

The order dated 5.6.2012 passed by the Circle Officer was quashed and the writ application was allowed.

Radha Rani Devi @ Bimla Singh Vs The… — Constitutional and Fundamental Rights | Patna HC (2013)

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Patna High Court CWJC No.15531 of 2012 (5) dt.17-09-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15531 of 2012

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======================================================

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Radha Rani Devi @ Bimla Singh W/o Ram Naresh Singh Mohalla - Adarsh Colony, Ward No. 7, Karma Road, Town and Anchal - Aurangabad, District - Aurangabad

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.... .... Petitioner

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Versus

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1. The State of Bihar 2. The Collector, Aurangabad 3. The Anchal Adhikari, Aurangabad

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The Executive Officer, Nagar Parishad, Aurangabad

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Rabindra Kumar R/o Mohalla - Patrakar Nagar , Karma Road, P.S. + District - Aurangabad .... .... Respondents ====================================================== Appearance : For the Petitioner/s : M/S Uday Bhanu Roy & Santosh Chandra Bhaskar, Advocates For the State : Mr. Manikant Mishra GP 25 For Respondent No.5 : Mr.Anirudh Kr.Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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5 17-09-2013 Heard learned counsel for the petitioner and learned counsel for the State. The only direction sought by the petitioner is to quash the order dated 5.6.2012 passed by the Circle Officer in Napi (Measurement) Case No. 9 of 2012-13 by which he has stopped the construction of the house of the petitioner and further ordered to remove the encroachment.

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Learned counsel for the petitioner submits that the said order of the Circle Officer is without jurisdiction.

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Learned counsels for the State and for private respondent

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No.5 do not deny the aforesaid submission of learned counsel for the petitioner but submit that the order dated 5.5.2012 of the Circle Officer has itself been overtaken by subsequent events due

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Patna High Court CWJC No.15531 of 2012 (5) dt.17-09-2013

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to respondent No.5 and another person subsequently approaching DCLR under the Bihar Land Dispute Resolution Act who has passed an order of similar nature as the Circle Officer on 11.12.2012 against which the petitioner instead of challenging the same in appeal under the said Act has filed a Title Suit No.10 of 2013 for declaration that the said order is void ab initio and illegal and also for declaration of title over the disputed land.

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Be that as it may, the order of the DCLR and the Title Suit are not in issue before this Court. The only issue raised in this case is the order dated 5.6.2012 of the Circle Officer which admittedly by the respondents also is without jurisdiction.

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In the aforesaid circumstances, the order dated 5.6.2012 of the Circle Officer, Aurangabad is quashed. The writ application is allowed.

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It is, however, made clear that the quashing of the order of the Circle Officer being only on the ground of it being without jurisdiction, it can have no effect on the merits or otherwise of the matter which have been decided or are to be decided in other forums.

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(Ramesh Kumar Datta, J)

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spal/-

Radha Rani Devi @ Bimla Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Radha Rani Devi @ Bimla Singh v. The State Of Bihar and Ors.

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