Petitioner challenged dismissal of title suit where impugned order held that a notification under Section 3(1) of the Bihar Consolidation Act barred judicial proceedings. High Court upheld the order, dismissing the application.
Application of the petitioner was dismissed with no error found in the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.229 of 2019
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Keshav Singh, S/o Late Jagardeo Singh, resident of Village-Marichawan, P.S.Bhabhua, Distt.-Kaimur (Bhabhua)
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bhubneshwar Prasad, Advocate Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date : 12-04-2019
By the impugned order dated 15.01.2018 passed in Title Suit No.583 of 2016, the learned Sub Judge-VI, Kaimur at Bhabhua has dismissed Title Suit No.583 of 2016 on the ground that a notification has already been issued under section 3 of the aforesaid Act in respect of the suit land.
Patna High Court C.Misc. No.229 of 2019 dt.12-04-2019 2/3
arbitrary and perverse. He submitted that the order has been passed without application of mind on surmises and conjecture. The trial court has failed to consider that the consolidation proceeding has not been taken up in the mauza-Marichawan till date. Hence, the petition dated 19.08.2017 filed under Section 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short ‘the Act’) by the defendant no.2 should have been rejected.
Patna High Court C.Misc. No.229 of 2019 dt.12-04-2019 3/3
proceeding in respect of any land falling in the area notified shall be entertained by any court.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 20.04.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether filing of a suit is barred by Section 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 upon publication of a notification under Section 3(1).
3 provisions across 1 enactments
Keshav Singh
Harbansh Tiwary
Dadan Tiwary
Gobardhan Singh
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
