Disposed

Siya Devi v. The State of Bihar

Patna HC21 Jan 2020CWJC/1286/2020

Case brief

AI extract

What is this about?

Petitioner sought writ relief to restrain respondents from interfering with her possession of land based on an unexecuted sale deed. Court directed District Magistrate to investigate dispossession but refused to grant possession directly in writ, advising civil suit.

What did the court decide?

Directed District Magistrate to take action if dispossession found illegal; refused to direct private respondents to hand over property.

Siya Devi Vs The State of Bihar — Property and Title | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1286 of 2020

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Siya Devi Wife of Late Jawahar Mahto Resident of Village- Tarwa Tola Jafra, P.S.- Wazirganj, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Commissioner, Magadh Division, Gaya.

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The District Magistrate, Gaya.

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The Sub-Divisional Officer, Sadar Gaya.

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The Superintendent of Police, Gaya.

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The Sub Divisional Police Officer, Muffasil Manpur, Gaya.

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The Circle Officer, Wazirganj, Gaya.

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The Incharge of Wazirganj Police Station, Wazirganj, Gaya.

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Lalo Yadav Son of Haldhar Yadav

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Mohan Yadav Son of Haldhar Yadav

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Vijay Yadav Son of Haldhar Yadav Sr. No.9 to 11 are resident of Village- Tarwa Tola, Jafra, P.S.- Wazirganj, District- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Shakir Ahmad For the Respondent/s : Mr.Md. Khurshid Alam (AAG12)

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 21-01-2020 Heard both sides.

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The petitioner, who is a lady, filed petition before the

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Sub Divisional Officer to prevent the breach of the peace and restrain the private respondent Nos.9 to 11 not to interfere into the peaceful possession of the petitioner but the Sub-Divisional Officer by order dated 31.08.2019 dropped the proceeding initiated under Section 144 Cr.P.C. on the ground that the

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Patna High Court CWJC No.1286 of 2020(2) dt.21-01-2020 2/2

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opposite parties-respondent Nos.9 to 11 purchased the land from the husband of the petitioner but sale deed was not executed. The petitioners filed representation before the District Magistrate to provide private security to the petitioner.

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On the face of it, it appears that the respondents are claiming the land by virtue of oral sale deed and wanted to take possession of the land by virtue of such oral sale deed made by late husband of the petitioner.

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Considering the facts, I direct the District Magistrate, Gaya to take appropriate action in accordance with law, if the petitioner has been illegally dispossessed from the land. In writ jurisdiction, a direction cannot be issued to the private respondents to hand over the possession of the land illegally grabbed by them. The petitioner, if so advised, may file suit in competent Civil Court for grant of relief.

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With the aforesaid observation, this writ petition is disposed of.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Siya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Siya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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