Writ petitioner sought direction for security to harvest crops on disputed land claiming ancestral title. Court held that at this stage no direction could be issued and petitioner was advised to pursue remedy in appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.884 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Sachida Nand Singh @ Lakhan Lal Singh Son of Late Dasarath Singh @ Daso Singh, Resident of Village- Mohanpur, Post Officer- Ramchandrapur, Police Station- Pipariya, District- Lakhisarai.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr.Md. Irshad, A.C. to S.C.-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
Petitioner in the present case is seeking a direction to the respondent authorities particularly respondent no. 3 to provide adequate security to the petitioner for harvesting the crops on Khata No. 1632, Survey Plot No. 589 and 590 situated at MauzaRamchandrapur, Police Station-Pipariya, District Lakhisarai.
Patna High Court CR. WJC No.884 of 2017(3) dt.03-11-2022 2/2
It appears on perusal of the writ application that the petitioner is claiming the said piece of land as his ancestral property. It further appears that there were some litigations also in respect of the land. According to the petitioner there was a mistake in recording of name in the survey record of rights in favour of the State Government. The D.C.L.R., Lakhisarai has passed an order directing the office to delete the name of the State of Bihar and to enter the name of the petitioner in the record of rights but the said order was set aside in appeal in Land Dispute Appeal No. 235 of 2015 in the court of Commissioner, Munger.
In the given facts and circumstances of the case, in the nature of disputes and the averments in the writ application, it appears that at this stage no direction may be issued to the respondent authorities. The petitioner may pursue his remedy as may be advised to him before the appropriate forum in accordance with law.
This application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
vats/-
U T
Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During The Pandemic Period’.
1 issue framed by the court
Whether direction may be issued to respondent authorities to provide security for harvesting crops during pendency of land title dispute.
Sachida Nand Singh @ Lakhan Lal Singh
The State Of Bihar Through The Chief Secretary, Government Of Bihar
The Director General of Police , Bihar
The Superintendent of Police, Lakhisarai
The Dy. Superintendent of Police, Lakhisarai
The Sub-divisional Officer, Lakhisarai
Rajeev Ranjan Prasad
As recorded by the court registry
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