Dismissed

Nawal Kishor Azad v. The State of Bihar through the Chief Secretary Government of Bihar

Patna HC7 Apr 2022CR. WJC/842/2021

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking directions to quash sale deeds and zama-bandies related to disputed land possession and to take action against registration authorities for alleged fraud. The court held that the writ application was misconceived and the proper remedy was a civil suit, dismissing the application.

What did the court decide?

The application for issuance of appropriate orders to quash sale deeds and zama-bandies and direct legal action was dismissed as the writ application was misconceived and a civil suit was the proper r

Nawal Kishor Azad Vs The State of Bihar through the Chief… — Property and Title | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.842 of 2021

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Arising Out of PS. Case No.- Year-0 Thana- District- Patna

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NAWAL KISHOR AZAD S/o Late Bhushan Prasad Singh Resident of Kurthoul, Gopal Chak, P.O.- Kurthoul, P.S.- Parsa Bazar, District- Patna, at present residing at Rukanpura, Bailey Road, Patna

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... ... Petitioner/s Versus

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The State of Bihar through the Chief Secretary Government of Bihar Bihar

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The Principal Secretary, Revenue and Land Reform Dept., the Govt. of Bihar, New Secretariat, Bailey Road, Patna, Bihar

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The Inspector General Registrar, the Registration Department, Government of Bihar, Patna Bihar

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The District Magistrate, Hindi Bhawan Chhajubag, District- Patna Bihar

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The Director General of Police, Sardar patel Bhawan, Jawahar Lal Nehru Marge (Bailey Road) Shastri Nagar, patna, Pin Code 800023, Bihar

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The Inspector General of Police. Gandhi Maidan, Patna Bihar

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The Senior Superintendent of Police, Gandhi Maidan, District- Patna Bihar

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The Office in Charge of Police Station, Parsa Bazar, District- Patna Bihar

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The Office in Charge of Police Station, Phulwari Sharif, District- Patna Bihar

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The Revenue Circle Officer, Phulwari Sharif, P.S.- Phulwari Sharif, DistrictPatna Bihar

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The Sub Registrar, the Sub- Registry Office at Phulwari Sharif, P.S.Phulwari Sharif, Distt.- Patna Bihar

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Shailendra kumar S/o Late bhagwan Singh Permanent address at VillageBakarpur, P.O.- Jatdumari, P.S.- Punpun, District- Patna, and House No. 49 Block D, People Co-operative Colony Kankarbag, Patna Pin- 800020, at Present Address Khesra No. 21/6, Harit Vihar, Kammalpur Mazra, Burari Delhi 110084

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Surendra Prasad S/o Late Bhagwan Singh R/o village- Kurthoul, Gopal Chak, P.S.- Parsa Bazar, P.O.- Kurthoul, District- Patna

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Arun Kumar S/o Suraj Prasad Singh R/o village- Kurthoul, Gopal Chak, P.S.- Parsa Bazar, P.O.- Kurthoul, District- Patna

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Smt. Shobha Kumari W/o Late Ramakrishna Prasad, D/o Late Upendra Narayan Singh R/o village- Kurthoul, Gopal Chak, P.S.- Parsa Bazar, P.O.Kurthoul, District- Patna

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Paryag Rai S/o Ramjanam Rai R/o village- New Atwarpur, P.O.- Kurthoul, P.S.- Parsa Bazar, District- Patna

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Smt. Saveta Singh W/o Kamlesh Kumar Singh R/o village- Patariya, P.O.Sevnan, P.S.- Jehanabad, District- Jahanabad

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Smt. Savita Devi W/o Late Ashok Sao R/o village- Chandpur Bela,

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Patna High Court CR. WJC No.842 of 2021(2) dt.07-04-2022 2/4

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Dopulwa, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna, at present residing at village- Telhara, P.S.- Telhara, Distt.- Nalanda

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Abhilasha Kumari D/o Sirikant Tiwari, W/o Arbind Kumar R/o villageWest Jaypraksh Nagar, P.O.- G.P.O. Patna, P.S.- Jakkanpur, District- Patna, at present residing at Palace- Block No. 202/7, Central Revenue Quarter 15, Main Road, Anna nagar, West Channai (Tamilnadu)

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Smt. Kusum Devi W/o Subhash Chandra Boss R/o village- Ghordaur, P.O.Lakhna, P.S.- Punpun, District- Patna

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Mukesh Ranjan S/o Ramjiwan Prasad R/o village- Karpi, P.O. and P.S.Karpi, District- Arwal

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Rabindra Prasad Singh, Adv. For the Respondent/s : Mr. Sajid Salim Khan, SC 25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 07-04-2022 Heard learned counsel for the parties.

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The petitioner has filed the instant application for

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the following reliefs:

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“A. For issuance of an appropriate order/orders/direction/directions to the respondent nos. 1 to 9 State authorities to take proper legal action on the petitions dated 04.03.2021, 05.03.2021 and 05.04.2021 contained in Annexure-8 and 9 filed by the petitioner against the respondent no. 10 and 11 along with the private respondents 2^nd Set and 3^rd Set because, the respondent no.10 created false Zama-bandies in the name of the respondents 2^nd Set with regard to the land bearing Plot No. 569, Khata No.18 having an area 15 by fake Khata No.58 without any authority in collusion of the official staffs and

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Patna High Court CR. WJC No.842 of 2021(2) dt.07-04-2022 3/4

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the private respondents 2^nd Set. And thereafter, the respondents 2^nd Set executed Six sale deeds part by part of plot no.569, Khata No.18 by giving fake Khata No.58 in place of Khata No. 18 belong in the names of the respondents 3^rd Set with a view to cheat, fraud and conspiracy each other on which, the respondent no.11 disposed off through registered sale deeds by giving fake Khata No.58 of plot no. 569, Khata No.18 under in pressure of the Senior I.A.S. Officer namely Kumar Ravi then, the District Magistrate of Patna.

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B. Further pray for issuance of an appropriate order/orders/direction/directions to quashing Zama-bandi no. 2912/2020-21, 2913/2020-21, 2914/2020-21, 3246 & 70/2020-21 contained in Annexure-4 or mentioned on the sale deeds contained in annexure 3 to 3/5 because, said Zama-bandies are created by the respondent no.11 of plot no.569, Khata no.18 by fake Khata No.58 in the names of the respondents 2^nd Set, under in corruption with cheat, fraud and conspiracy each other in collusion with the respondents 2^nd Set and under pressure of the said Senior I.A.S Officer ie District Magistrate of Patna.

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C. Further pray for issuance of an appropriate order/orders/direction/directions to quashing the sale Deed Nos. 8032/20 dated 13.10.2020, 8858/20 dated 09.11.2020,

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Patna High Court CR. WJC No.842 of 2021(2) dt.07-04-2022 4/4

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8859/20 dated 09.11.2020, 241/21 dated 04.01.2021, 242/21 dated 04.01.2021 and sale deed no.2744/21 dated 25.02.2021 contained in Annexure-3 to 3/5 because, the respondent no.11 has registered the said sale deeds of the land an area 15 Decimals of plot no. 569, Khata no.18 by fake Khata No.58 under pressure of the Senior I.A.S. Officer namely Sri Kumr Ravi then, District Magistrate, Patna.

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D. And further be pleased to grant any other relief/reliefs as the petitioner is found to be entitled.”

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In substance the submissions on behalf of the petitioner is that the private respondents are disturbing the petitioners peaceful possession over the land in question which has been described in various paragraphs of the writ application.

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In the opinion of this Court, the writ application is misconceived and the proper remedy for the petitioner is to approach the civil court in accordance with law in a properly instituted civil suit.

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The application is dismissed.

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(Partha Sarthy, J)

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Bibhash/-

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Nawal Kishor Azad v. The State of Bihar through the Chief Secretary Government of Bihar

Case brief

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Nawal Kishor Azad v. The State of Bihar through the Chief Secretary Government of Bihar

Case brief

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