A writ petition regarding a dispute over land ownership claimed to have been settled in 1948 was disposed of by directing the petitioner to file a civil suit to adjudicate the conflicting claims and government notifications.
Writ disposed of with direction to the petitioner to file a civil suit in a court of competent jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16364 of 2010
====================================================== 1. Madhusudan Prasad Jhunjhunwala S/O Late Pitamber Jhunjhunwala R/O Mohalla- Purani Bazar, P.O. & P.S.- Ramnagar, Distt.- West Champaran
.... .... Petitioner/s Versus
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Shanshank Shekhar For the Respondent/s : Mr. (Aag10)
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
State has brought certain notifications to show that the land, which is being claimed by the petitioner, is a duly notified land in terms of the gazette notification way back on
Patna High Court CWJC No.16364 of 2010 (4) dt.25-06-2013
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6.1.1953. Therefore, obviously there is a serious dispute with regard to the ownership and possession of land in question, which needs to be adjudicated upon by a civil court of competent jurisdiction. Once a declaration is made, petitioner can surely either claim release of the land from the possession or demarcation of the respondents or may even get a right to demand compensation for illegal acquisition, if it is a case of acquisition at all.
Writ is disposed of with the observation as above.
(Ajay Kumar Tripathi, J)
sk
Madhusudan Prasad Jhunjhunwala
The State Of Bihar Through The Principal Secretary, Environment And Forest Department, Government Of Bihar, Patna
AJAY KUMAR TRIPATHI
As recorded by the court registry
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