In a writ petition challenging the appellate authority's grant of relief for land demarcation, the Patna High Court dismissed the application. Relying on the availability of a statutory remedy and a pending title suit by the petitioner, the court declined to exercise its extraordinary writ 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.21098 of 2013
| ====================================================== Vijoy Poddar @ Vijay Kumar Poddar Son Of Late Bishundhari Poddar R/O Garibdas Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner, Bhagalpur Division, Bhagalpur 3. The Land Reforms Deputy Collector, Naugachia, District - Bhagalpur 4. The Circle Officer Naugachia, Sub - Division, Naugachia, District - Bhagalpur …Opp.Parties/Respondents/Respondent 1st set 5. Ram Kumar Chirania Son Of Late Narain Lal Chirania Resident Of Shabid Tola - Naugachia, P.S. Naugachia, District - Bhagalpur 6. Smt. Shashi Chirania Wife Of Ram Kumar Chirania Resident Of Shabid Tola - Naugachia, P.S. Naugachia, District–Bhagalpur …Applicant/Applicants/Respondent 2ndset 7. Navnit Piush Son Of Late Krishna Nand Poddar Resident Of Naugachia, Bishari Asthan Road, P.S. Naugachia, District–Bhagalpur …Opposite party 2ndset/respondent 3rdset 8. Gopal Poddar Son Of Bishundhari Poddar R/O Garib Das Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur 9. Sanjay Deo Poddar Son Of Bishundhari Poddar R/O Garib Das Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur 10. Mukesh Poddar Son Of Bishundhari Poddar R/O Garib Das Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur 11. Manoj Poddar Son Of Bishundhari Poddar R/O Garib Das Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur 12. Rajesh Poddar Son Of Bishundhari Poddar R/O Garib Das Thakurwari Road, Naughachia, P.S. Naughachia, District - Bhagalpur |
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| …Opposite party 1stset/ Respondent /Respondents 4thSet |
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| ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent no.5 to 7 Mr. Sharda Nand Mishra Mr.Rajesh Kr. Pandey For the State Dr. Anshuman SC 14 Mr. Kuber Pathak AC to SC 14 ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER |
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| 3 | 03-08-2015 Heard Mr. Sunil Kumar Singh counsel for the |
| petitioner, Mr. Mishra for respondent nos. 5 to 7 and |
Patna High Court CWJC No.21098 of 2013 (3) dt.03-08-2015
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counsel for the State.
The respondent-second set filed an application for demarcation of the subject land before the respondentDeputy Collector, Land Reforms invoking the jurisdiction of the court under the Bihar Land Dispute Resolution Act, 2009 (for short ‘the Act’). This gave rise to the Case No. 98/2012-13 on the file of the respondent Deputy Collector, Land Reforms. After hearing the parties, the Deputy Collector, Land Reforms, vide order dated 26.02.2013 (Annexure-1) declined to grant relief to the respondent(s) for demarcation of the land as, in the opinion of the court, the land fell within the jurisdiction of the Municipal Corporation. The same was assailed by the respondent(s) before the appellant authority vide Case No. 07/2013-14. The appellate authority on a consideration of materials on record found that the mutation was already allowed in favour of the appellant(s) in respect of the subject land which was purchased from the respondent no.7 through a registered sale deed. Since there was already Jamabandi created in respect of the subject land the appellate court granted the relief. Aggrieved thereby, the present writ application has been filed.
Patna High Court CWJC No.21098 of 2013 (3) dt.03-08-2015
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The contention of the petitioner is that a fraud was committed by respondent no.7 in selling the land in favour of respondent(s)-second set by showing that the land was vacant land although the petitioner has residential house thereon. The appellate court did not appreciate this aspect of the matter.
Conversely, it has been argued on behalf of the respondent(s) as well as the State that the order passed by the Divisional Commissioner is revisable before the Bihar Land Tribunal. Mr. Mishra the counsel for the respondent nos. 5 to 7 further pointed out that the petitioner has already instituted a title suit being T.S. No.37/14 for setting aside the sale deed made by respondent no.7 in favour of respondent(s)-second set herein.
It thus appears that the petitioner has already sought relief before the appropriate court. That apart, if the petitioner is at all aggrieved by the said order, he may seek remedy as provided under the relevant Act. Considering the fact that the petitioner has a statutory remedy as also the fact that a suit has already been filed by the petitioner for setting aside the sale deed by the respondent no.7 which appears to be the sheet anchor of the case of the respondent,
Patna High Court CWJC No.21098 of 2013 (3) dt.03-08-2015
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this Court is not inclined to invoke its extra ordinary and discretionary writ jurisdiction to grant relief. The application is dismissed.
(Kishore Kumar Mandal, J)
HR/-
U
3 issues framed by the court
Whether the High Court should invoke writ jurisdiction to grant relief for demarcation of land when a statutory remedy and title suit are pending.
Whether a title suit being a sheet anchor of the respondent's case precludes writ intervention.
Whether the appellate authority correctly exercised jurisdiction to grant relief for demarcation of land.
1 provisions across 1 enactments
Vijoy Poddar @ Vijay Kumar Poddar
The State Of Bihar
The Commissioner, Bhagalpur Division
The Land Reforms Deputy Collector, Naugachia
The Circle Officer Naugachia
Ram Kumar Chirania
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
