Disposed

Nazrul Hasnain v. The State Of Bihar and Ors.

Patna HC3 Aug 2016CWJC/1811/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a rent receipt issued to a private respondent concerning land where a title suit is pending. The Court observed that pending litigation determines rights and refused to interfere, directing that mutation orders abide by the final suit decision.

What did the court decide?

Writ application disposed of with direction that mutation orders abide by the pending suit.

Nazrul Hasnain 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

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Civil Writ Jurisdiction Case No.1811 of 2014

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=========================================================== Nazrul Hasnain Son Of Late Anzar Husnain Resident Of Mohalla- White House Compound, P.S.- Rampur, District- Gaya

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Bihar, Patna 2. The Collector, Gaya

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The Sub-Divisional Officer, Sherghati, Gaya

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The Land Reform Deputy Collector, Sherghati

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The Circle Officer, Gurua, Gaya

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The Circle Inspector-Cum-Halka Karamchari, Gurua Halka, Gurua, Gaya

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The Officer In-Charge, Gurua Police Station, Gaya

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Syed Md. Haroon S/O Late Anzar Hussain Quiser House Jagjevan Road Gaya P.S. Rampur, Dist.- Gaya

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. OM PRAKASH SINGH For the Respondent/s : Mr. AAG-13 A.K.CHOUDHARY

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=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT

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Date: 03-08-2016

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Heard Mr. Ahsan for the petitioner and the State.

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The petitioner challenges the issuance of rent receipt in favour of the private respondent who allegedly obtained the sale deed from Haroon against whom the petitioner filed a title suit which is pending consideration before the court below.

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Mr. Ahsan informed the Court that the private respondent herein is also a party to the said title suit. It appears that in the meanwhile the private respondent got a mutation order and rent receipt(s) showing payment of land rent in his favour. The petitioner challenges those proceedings and issuance of rent receipt(s) alleging that it was obtained in illegal manner.

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Indisputably, a suit is pending relating to the subject land. The

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Patna High Court CWJC No.1811 of 2014 dt.03-08-2016

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2/2

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adjudication made thereat shall decide the right and interest of the party. Obviously, the mutation in the records of right in respect of the subject land would also abide by the final adjudication/decision in the suit.

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In the circumstances, the Court is not inclined to entertain the application and grant relief permitting the petitioner to agitate the same, if so advised, in the pending suit. However, it is clarified that the mutation orders, if any, passed by the authority in favour of any party to the suit shall be governed by the decision in the pending suit.

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The writ application stands disposed of.

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(Kishore Kumar Mandal, J)

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HR/-

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Nazrul Hasnain v. The State Of Bihar and Ors.

Case brief

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Nazrul Hasnain v. The State Of Bihar and Ors.

Case brief

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