Dismissed

Nirmala Jha v. the State of Bihar and Ors.

Patna HC18 Jun 2013CWJC/5037/2011

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What is this about?

The Court dismissed the writ application concerning execution of an order of the House Controller. It held that due to a pending title suit on overlapping land, the petitioner must choose between pursuing the title suit or invoking the BBC Act. No categorical order for execution was passed. The application was dismissed with liberty to exercise this choice.

What did the court decide?

Writ application dismissed with liberty for the petitioner to either pursue the pending title suit or invoke the law within the BBC Act for execution of the Order of the House Controller.

Nirmala Jha Vs the State of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 5037 of 2011

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====================================================== Nirmala Jha, wife of Shri Surendra Narayan Jha, resident of village – Kaithiniya, Post – Kaithiniya, P.S. R.S. Camp, Anchal – Lakhnaur, District - Madhubani

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.... .... Petitioner/s Versus 1. The State Of Bihar through Collector, Madhubani 2. The Director General of Police, Old Secretariat, Patna 3. The Superintendent of Police, Madhubani 4. The Deputy Superintendent of Police, Jhanjharpur 5. The Officer-in-Charge, Police Station – R.S. Sibir, Jhanjharpur, District - Madhubani .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Srinandan Prasad Singh, Advocate For the Respondent/s : Mr. Anjani Kumar Aag10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER ***************

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06. 18.06.2013 Heard learned counsel for the petitioner and the counsel appearing for the State.

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In terms of the direction passed by this Court, the Superintendent of Police, Madhubani has now filed a supplementary counter affidavit. After having a look at the said counter affidavit and the corresponding Annexures, annexed thereto, the Court finds certain difficulties in passing a clear and categorical Order for implementation or execution of the order of the House Controller, contained in Annexure-1.

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The Court intentionally would not like to record any aspect of the dispute or assertion made at the Bar on behalf of the petitioner, since a title suit has already

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Patna High Court CWJC No.5037 of 2011 (6) dt.18-06-2013 2/2

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been filed by the petitioner before the Court of SubJudge, which is pending adjudication and has been registered as Title Suit No. 11 of 2005.

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Since there is over-lapping dispute over plot and land, which would be required to be decided by the said Civil Court of Sub-Judge, Jhanjharpur, the petitioner has freedom to either pursue the title suit for taking it to its logical end or invoke the law within the BBC Act for execution of the order, contained in Annexure-1. The choice is of the petitioner.

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Writ application is otherwise dismissed with liberty as above.

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(Ajay Kumar Tripathi, J.)

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SKM/-

Nirmala Jha v. the State of Bihar and Ors.

Case brief

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Nirmala Jha v. the State of Bihar and Ors.

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