Disposing of a writ petition for quashing a consolidation order, the single judge court held that the claim of forgery in a consent petition and the validity of a sale deed are factual issues requiring a civil suit, not amenable to 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.
Patna High Court CWJC No.5714 of 1996 (8) dt.23-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5714 of 1996
| ====================================================== Birchandra Singh & Anr .... Petitioners Versus State of Bihar & Ors .. Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur For the Respondent/s : Mr. Manish Dhari Singh, AC to GA |
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| 8 | ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORALORDER 23-04-2015 The petitioner seeks quashing of the order, dated 1.3.1996 |
| passed by the Joint Director of Consolidation, Muzaffarpur in | |
| Revision Case No.299 of 1994 whereby he has set aside the order | |
| dated 9.8.1994 passed by the Deputy Director of Consolidation, | |
| Vaishali at Hajipur in Appeal Case No.18 of 1994 who had | |
| reversed the order of Revisional Court. |
The issue in this case is whether sale deed executed by the Opposite party and whether the consent petition was forged or not. The issue involved is question of fact. The petitioner, if aggrieved may file a suit in this respect and the order of Consolidation authority would be subject to the decision in the suit.
With the aforesaid observations and directions, this writ application stands disposed of.
(Samarendra Pratap Singh, J) KHAN/U
2 issues framed by the court
Whether the issue of forgery in the consent petition and the validity of the sale deed is a question of fact beyond the scope of writ jurisdiction.
Whether the Consolidation authority order should be quashed if a factual dispute regarding forgery exists.
Birchandra Singh & Anr
State of Bihar & Ors
SAMARENDRA PRATAP SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
