Dismissed

Virendra Kumar v. The State Of Bihar and Ors.

Patna HC11 Oct 2018CWJC/17598/2015

Case brief

AI extract

What is this about?

The petitioner sought a writ direction for protection from dispossession of land by private respondent No.7. The Court held that it cannot declare title in writ jurisdiction. Since a proceeding under Section 107 Cr.P.C. was already initiated by the SDM, the writ petition was dismissed as lacking merit.

What did the court decide?

N/A - Petition dismissed with direction to file suit in civil court.

Virendra Kumar Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17598 of 2015

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Virendra Kumar, S/o Shivnath Sah, resident of Village- Jamuniya, P.S.Sahodra, District- West Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar .

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District Magistrate, Bettiah, West Champaran.

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Sub-Divisional Magistrate, Narkatiaganj, West Champaran.

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Circle Officer, Narkatiaganj, West Champaran.

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Superintendent of Police, Bettiah, West Champaran.

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Officer-in-Charge, Sahodra P.S., West Champaran.

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Sheikh Wasiyar, S/o Sheikh Anamul, Village- Kewaha, P.S.- Sahodra, District- West Champaran.

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Dayashankar Prasad, S/o Late Yadunath Prasad, Village- Shekhula, P.S.Shekarpur, District- West Champaran.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Anand Kishore Choudhary For the Respondent/s : Mr. SC8- Kumar Alok

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 11-10-2018 Heard both sides.

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The petitioner has filed this writ petition for a direction to the respondents to take suitable action against private respondent No.7, who is putting hindrance in peaceful possession of the petitioner and is trying to dispossess the petitioner from the land.

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The learned counsel for the petitioner submits that petitioner purchased 4 ½ dhur of land of Khata No. 21, Khesra No. 15, situated in village Yamunia, District West Champaran on

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Patna High Court CWJC No.17598 of 2015 (2) dt.11-10-2018

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2/2

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20.01.2015 from respondent No.8. Respondent No.7 started putting hindrance in peaceful possession and enjoyment of the petitioner claiming that respondent No.8 had earlier agreed to transfer the land through registered sale deed in favour of respondent No.7. The petitioner filed petition before the S.D.M., Narkatiyaganj and on such a proceeding under Section 107 of the Cr. P. C. was initiated. It is submitted that petitioner requires protection under the law from his dispossession over the land but I find that this court in writ jurisdiction cannot declare title of the petitioner. On the petition of the petitioner the S.D.M. has already initiated a proceeding under Section 107 of the Cr. P. C. If the petitioner is at all aggrieved by action of respondent No.7 he may file suit before the civil court of competent jurisdiction for redressal of his grievance. Accordingly, I do not find any merit in this writ petition and the same is, accordingly, dismissed.

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(Prabhat Kumar Jha, J)

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BKS/-

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Virendra Kumar v. The State Of Bihar and Ors.

Case brief

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Virendra Kumar v. The State Of Bihar and Ors.

Case brief

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