The High Court dismissed a writ petition invoking writ jurisdiction, holding that a dispute regarding ancestral land and partition belongs to the Civil Court, not the High Court, in the absence of aggravating circumstances.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.375 of 2016
====================================================== Ramdeo Prasad S/o Late Jhapasi Sao, Resident of Village- Manoharpur Kachhuwara, P.S.- Sampatchak, District- Patna. at present residing at Sahdeo Path, Mohalla- Patel Nagar, P.S.- Shastri Nagar, District- Patna, Pin- 800023. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Collector of Patna. 3. The Junior Superintendent of Police, Patna. 4. The Officer Incharge Gopalpur Police Station at Sampatchak, Patna. 5. The Officer Incharge Shastri Nagar Police Station at Patna. 6. The Officer Incharge Ram Krishna Nagar Police Station at Patna. 7. The Anchal Adhikari Sampatchak at Patna. 8. The Anchal Adhikari Patna Sadar at Patna. 9. Rajendra Prasad 10. Ajay Prasad 11. Amar Nath Sah 12. Ajeet Kumar Sah - All sons of Late Rama Nand Sah, All residents of Village- Manoharpur Kachhuwara, P.S.- Sampatchak, District- Patna, at present residing at Mohalla- Karbigahia, P.S.- Jakanpur, District- Patna. 13. Shyam Babu Sao S/o Late Jhapasi Sao 14. Sanni Kumar S/o Shyam Babu Sao - Both resident of VillageManoharpur, Kachhuwara, P.S.- Sampatchak, District- Patna, at presnet residing at Chandmari Road, Near Shiv Mandir, P.S.- Kankarbagh, DistrictPatna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Achhaibar Singh For the State : Mr.Manish Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER
The petitioner has invoked the writ jurisdiction of this Court claiming protection for his life and property as the private respondents are forcibly making attempt to grab the ancestral property of the petitioner. The petitioner relies on a report
Patna High Court Cr. WJC No.375 of 2016 (3) dt.23-08-2016
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submitted by Sub-Divisional Officer, Patna Sadar, on 30th December, 2012 in a proceeding under Section 144, Cr.P.C., wherein there is a mention that the dispute is regarding partition of the property vide partition deed dated 26th October, 1991 and that the members of the second party are more in number. Therefore, they trouble the petitioner.
The dispute between the parties is that of ancestral land. If that is the situation, the dispute of the petitioner lies before the Civil Court and not before this Court to claim protection for life and property of the petitioner. The report was given in the year 2012 and there is no aggravating circumstance thereafter.
There is no reason to entertain the present writ petition. The writ petition is accordingly dismissed.
(Hemant Gupta, J)
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1 issue framed by the court
Whether the Court can grant protection for life and property in a dispute regarding ancestral land.
1 provisions across 1 enactments
Ramdeo Prasad S/o Late Jhapasi Sao
The State of Bihar
The Collector of Patna
The Junior Superintendent of Police, Patna
The Officer Incharge Gopalpur Police Station at Sampatchak, Patna
The Officer Incharge Shastri Nagar Police Station at Patna
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
