Dismissed

Birendra Kumar Sharma v. The State Of Bihar and Ors.

Patna HC5 Jul 2016CWJC/20776/2013

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the construction of a Panchayat Bhawan on land recorded as government property. The court directed that rights be adjudicated in the pending title suit filed by the petitioner and refused to interfere with revenue record entries.

What did the court decide?

Writ application stands disposed of; no interference with revenue records; rights to be adjudicated in pending title suit.

Birendra Kumar Sharma Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.20776 of 2013

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======================================================

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Birendra Kumar Sharma S/O Late Surendra Pd. Sharma R/O VillageSharma, P.S+ Distt- Lakhisarai.

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.... .... Petitioner/s Versus

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The State Of Bihar through the Principle Secretary, Revenue Govt. of Bihar, Patna.

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The Commissioner, Munger., P.S+ Distt- Munger.

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The District Magistrate, Lakhisarai, P.S and District- Lakhisarai. 4. The C.O. Ramhatha, Lakhisarai, P.O and Distt- Lakhisarai. 5. Mr. Pankaj Singh Mukhia, Gram Panchayat Rah Sahrma S/O Late Kamleshwari Singh R/O Village Sharma, P.S+ District- Lakhisarai.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Respondent/s : Mr. Dinbandhu Singh

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

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3 05-07-2016 Heard the counsel for the petitioner and the State.

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The writ application is filed questioning the steps taken by the respondents-States for construction of Panchayat Bhawan over the subject land, as according to the respondentState, it is the Government land recorded as such in the revenue records. In paragraph 8 of the counter affidavit, it is stated that the land of plot no. 2727, khata no. 273 is gairmajaruwa aam land and not the private khalihan of the petitioner.

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The counsel for the petitioner has submitted that a Title Suit has already been filed by the petitioner in respect of the subject land.

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Patna High Court CWJC No.20776 of 2013 (3) dt.05-07-2016

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2/2

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The rights of the parties shall be adjudicated upon in the Title Suit filed by the petitioner. The Court for the present would not interfere with the entry in the revenue records in respect of the subject land.

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The writ application stands disposed of.

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(Kishore Kumar Mandal, J)

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rohit/-

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Birendra Kumar Sharma v. The State Of Bihar and Ors.

Case brief

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Birendra Kumar Sharma v. The State Of Bihar and Ors.

Case brief

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