Appeal against dismissal of writ petition seeking quashing of Single Judge's advisory directions in a land dispute. Court held S.D.P.O. actions were advisory for law and order and did not affect title.
Appeal dismissed; Single Judge order and directions to expedite proceedings upheld.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.401 of 2022
In
Civil Writ Jurisdiction Case No.5519 of 2022
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... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
Patna High Court L.P.A No.401 of 2022 dt.06-12-2022 2/6
For the Appellant/s : Mr. S.S. Dwivedi, Sr. Adv. Mr. Parth Gaurav, Adv. Mr. Ram Sumiran Singh (in-person) For the Respondent Nos. 6 - 7 : Mr. Vikash Kumar Sharma, Adv. Ms. Madhuri Kumari, Adv. Mr. Ram Murti, Adv. For the State : Mr. Asif Kalim, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 06-12-2022
Heard Mr. S.S. Dwivedi, the learned
Senior Advocate for the appellants and Mr. Vikash Kumar Sharma, the learned Advocate for the private respondent Nos. 6 to 10. The State is represented by Mr. Asif Kalim.
of the appellants, is also present in person.
learned Single Judge for quashing of an order/direction dated 24.03.2022 in connection
with Land Dispute Resolution Case No. 02/2021–
Patna High Court L.P.A No.401 of 2022 dt.06-12-2022 3/6
2022 (Manish Kumar Vs. Ram Lochan Singh), advising the parties not to create any disturbance
over the land which was delivered to the respondents and that any objection of the appellants could be registered before a competent authority.
and the delivery of possession of the land in question had already been given to the respondents, did not accede to the request of the appellants, but directed the Sub-ordinate Judge-III,
Patna High Court L.P.A No.401 of 2022 dt.06-12-2022 4/6
Barh, Patna to conclude and decide the issue of mesne profits within six months from the date of passing of that order. It was also cautioned that the proceeding before the Executing Court be not delayed by the judgment-debtor on any ground whatsoever.
appellants has been found by the S.D.P.O. to be
Patna High Court L.P.A No.401 of 2022 dt.06-12-2022 5/6
without substance, that shall never be read against him with respect to any issue of title or possession.
Patna High Court L.P.A No.401 of 2022 dt.06-12-2022 6/6
before all Courts be decided without any delay.
by the learned Single Judge, which ought to offend
the appellants.
dismissed.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
PraveenII/Anuradha
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 09/12/2022 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the directions by the Single Judge in a land dispute to S.D.P.O. to advise parties not to create disturbance constitute interference in title rights.
Ram Sumiran Singh and Others
The State of Bihar
Manish Kumar and Others
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
