Disposed

Most. Guljari Devi v. The State Of Bihar and Ors.

Patna HC11 Jan 2016CWJC/16044/2012

Case brief

AI extract

What is this about?

This petition challenged an order by the Sub Divisional Magistrate directing repair work on disputed land. The Court noted the order had already taken effect and the petitioner's disputes were pending in mutation proceedings. Consequently, the writ jurisdiction was not exercised, and the application was disposed of without prejudice to future civil suits.

What did the court decide?

The writ application is disposed of. Observations in the impugned order shall not prejudice either party in pending or future proceedings.

Most. Guljari Devi Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16044 of 2012

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====================================================== 1. Most. Guljari Devi W/O Late Ram Swaroop Sao R/O VillageMahabalipur, P.S.- Paliganj, District-Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through The Collector Patna Collectorate, Patna 2. The Sub-Divisional Magistrate, Paliganj, District- Patna 3. The Officer Incharge, Paliganj Police Station, Paliganj, District- Patna 4. Vinay Sao S/O Late Mauji Sao R/O Villge- Mahabalipur, P.S.- Paliganj, District- Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Mistry, Advocate. For the State : Mr. Kumar Manish SC21 For the respondent No.4 : Mr. Nilendu Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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4 11-01-2016 Heard the parties.

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05 decimals of land appertaining to khata No. 243, plot no. 3685, located in mouja Mahabalipur within paliganj police station in the District of Patna is the subject matter of the dispute.

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The petitioner is aggrieved by the order dated 22.06.2012 passed by the Sub Divisional Magistrate in case no. 219M of 2012 (Vinay Sao vs. Md. Guljari Devi).

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Contention of the petitioner is that 2 ½ decimals of the aforesaid land was purchased by him on 10.06.2011 from Satya Narayan Prasad Keshri, Tej Narayan Prasad Keshri and Laxminia Devi. The respondents, on the other hand, claim the land

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Patna High Court CWJC No.16044 of 2012 (4) dt.11-01-2016

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by virtue of continuous possession thereof although the land is gairmajaruwa Aam land. One of the contentions is that without any authority of law the order has been passed by the Sub Divisional Magistrate. On the other hand, it has been submitted on behalf of the respondent no.4 that a dispute relating to the subject land was contested by both the parties before the Deputy Collector Land Reforms in Mutation Case no. 132 of 2014-15 which was decided in favour of the private respondent vide Annexure-F to the reply of the rejoinder on behalf of the respondent no.4.

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Be that as it may, under the impugned order, the Sub Divisional Magistrate, considering the facts and circumstances appearing from the record, had only directed for deployment of the Magistrate enabling the private respondent to carry out repair work in the dwelling structure standing thereon. The order, therefore, has already taken its effect. Considering the above, this Court is not inclined to exercise its extraordinary and discretionary writ jurisdiction to set aside the said order. However, it may be observed that any observation/finding recorded by the respondent-Sub Divisional Magistrate in the impugned order dated 22.06.2012 shall not prejudice the case of the petitioner or the private respondent in the proceeding which

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Patna High Court CWJC No.16044 of 2012 (4) dt.11-01-2016

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may be going on between them relating to mutation or in the future action which the party may take considering the on going dispute between them including filing appropriate suit in the Civil

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Court.

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The writ application is disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

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Most. Guljari Devi v. The State Of Bihar and Ors.

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Most. Guljari Devi v. The State Of Bihar and Ors.

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