Allowed

Rajendra Sonar and Ors. v. the State of Bihar and Anr.

Patna HC6 Feb 2014CR. WJC/191/2011

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What is this about?

In a criminal writ petition, the High Court allowed the petition and set aside successive judgments of the Trial Court and Revisional Court. These judgments were criticized for relying on unexhibited documents and failing to account for pendency of related civil suits concerning property title disputes.

What did the court decide?

The successive judgments of the Trial Court and Revisional Court are set aside and the petition is allowed.

Rajendra Sonar and Ors. Vs the State of Bihar and Anr. — Property and Title | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ No.191 of 2011

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====================================================== 1. Radhika Devi @ Radhika Kunwar W/O Late Dharichhan Sonar R/O Vill-Suhiya, P.S. Sahpur, District-Bhojpur 2. Rajendra Sonar S/O Late Dharichhan Sonar R/O Vill-Suhiya, P.S. Sahpur, District-Bhojpur 3. Lalan Sonar S/O Late Dharichhan Sonar R/O Vill-Suhiya, P.S. Sahpur, District-Bhojpur 4. Mohan Sonar S/O Late Dharichhan Sonar R/O Vill-Suhiya, P.S. Sahpur, District-Bhojpur 5. Pappu Sonar S/O Rajendra Sonar R/O Vill-Suhiya, P.S. Sahpur, DistrictBhojpur

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.... .... Petitioner/s Versus 1. The State Of Bihar Through District Collector Bhojpur, Arrah 2. Bindeshwari Choudhary S/O Late Kailash Choudhary R/O Vill-Sahiya, P.S.-Sahpur, Distt-Bhojpur

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Waliur Rahman For the Respondent/s : Mr. Akileshwar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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10 06-02-2014 Heard learned counsel for the petitioners as well as learned counsel for the State. From perusal of the order of the learned Trial Court, it is apparent that not only he had relied upon unexhibited documents, rather he had also conclusively held that the dispute relates with title in the back ground of the fact that both the parties are purchasers and have advanced their claim on the basis thereof. Apart from this, there also happens to be pendency of two Civil suits bearing No. 29/2004 where in total area of R.S.P.

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Patna High Court CR. WJC No.191 of 2011 (10) dt.06-02-2014

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2/2

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No. 1184 is under dispute ( although some of the parties are different one) as well as Title Suit No. 125/2006 ( which for the present is found dismissed for non prosecution).

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From the Judgment of the Revisional court, it is apparent that learned Trial Court had not taken into account the aforesaid infirmities persisting in the judgment of the learned Trial Court. Accordingly the successive Judgments are set-aside.

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Petition is allowed.

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(Aditya Kumar Trivedi, J)

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Sudha/-

Rajendra Sonar and Ors. v. the State of Bihar and Anr.

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Rajendra Sonar and Ors. v. the State of Bihar and Anr.

Case brief

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