This dismissal holds that the High Court cannot under Article 226 adjudicate disputes involving parties' respective titles to land. The application seeking to quash measurement reports and set aside orders regarding ownership is accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15082 of 2017
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Respondent/s : Mr.Md.Khurshid Alam -AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
seeking:-
“1. That the present application is being filed for issuance of a writ in the nature of Mandamus or an appropriate writ or writs, order or orders or direction or directions commanding the respondents for implementing the order passed by the Deputy Collector Land Reforms, Masaudhi, Patna in BLDR Case No. 91 of 2013-14 passed on 15.06.2014 in true and correct prospective whereby and where under order has been given to the Circle Officer for measurement and demarcation of the land of the petitioners
Patna High Court CWJC No.15082 of 2017(2) dt.26-03-2019 2/3
appertaining to Mauza- Baurhi, Khata No. 0694, Plot no. 123, Thana no. 117, Area- 0.12 decimal and further to quash measurement report dt. 31.03.2016 given by the Anchal Amin, Dhanarua and to set aside the order dt. 21.04.2016 passed by C.O, Dhanarua in Mapi Case No. 15 of 2014-15 regarding the said land in question.”
Patna High Court CWJC No.15082 of 2017(2) dt.26-03-2019 3/3
involving respective title of the parties. My attention has also been drawn to an order passed by the Public Grievance Redressal Officer, Masaudhi dated 05.09.2017. From the said order, it appears that the petitioners had approached the Public Grievance Redressal Officer also for the same relief as are being sought in the present petition. The Public Grievance Redressal Officer has rightly recorded that since the dispute relates to title over the land in question, the petitioners would have been well advised to approach to a Civil Court of competent jurisdiction.
interfere in the matter.
(Chakradhari Sharan Singh, J)
arun/-
U
1 issue framed by the court
Whether this Court can interfere in a dispute involving title over land under Article 226.
Ranjeet Kumar S/o Rameshwar Lal
Rameshwar Lal S/o late Brij Bihari Lal
The State Of Bihar
Deputy Collector Land Reforms, Masaudhi, Patna
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
