The Patna High Court dismissed a writ petition disputing land ownership and an Indira Awas structure. The Court held the dispute belongs to civil jurisdiction and dismissed the writ while granting liberty to file a civil suit.
The writ petition is dismissed with liberty to file a civil suit for narration of right, title, and over the land in dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1555 of 2020
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Niru Kumari Wife of Sri Subodh Singh Resident of Village Haibatpur, P.S.Mufassil, District- Begusarai.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Respondent/s : Mr. Sajid Salim Khan, (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
6 29-08-2022 Heard the parties.
There is dispute between the petitioner and
respondent no.9 relating to the ownership of the land over which the Indira Awas was partially constructed.
The learned counsel for the State said that they have stopped the construction and the learned counsel for respondent no.9 submits that respondent no.9 will return the amount of Indira Awas to the Government enforce equal installment.
It is between the Government and the respondent no.
Patna High Court CWJC No.1555 of 2020(6) dt.29-08-2022 2/2
9 as to how and when the money of Indira Awas shall be recovered. This court is not hearing the refund of the amount of Indira Awas.
The dispute between the petitioner and the respondent no.9 cannot be shorted out in this Court. It can only be decided by a competent court of Civil Jurisdiction.
This writ petition is dismissed with an observation and liberty to the petitioner to file a civil suit for her narration right title and over the land in dispute.
(Sandeep Kumar, J)
shweta/-
U
2 issues framed by the court
Whether the High Court can decide the dispute regarding ownership of land where an Indira Awas was partially constructed in a writ petition.
Whether the writ petition regarding the ownership dispute between the petitioner and respondent no. 9 regarding Indira Awas land should be dismissed.
Niru Kumari
The State of Bihar through the Chief Secretary, Bihar
The Principal Secretary Revenue Department, Government of Bihar
The District Collector cum District Magistrate Begusarai
The Sub- Divisional Magistrate cum Sub Divisional Officer Begusarai
The Circle Officer Begusarai
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
