Allowed

Pramod Sah v. The State Of Bihar and Ors.

Patna HC6 Dec 2022CWJC/24588/2018

Case brief

AI extract

What is this about?

The Court allowed an interlocutory application for substituting the heirs of Respondent No. 8. It directed parties to approach the Civil Court in a patta dispute rather than deciding it amidst summary revenue proceedings.

What did the court decide?

Heirs and legal representatives of Respondent No. 8 to be substituted as respondents, name expunged, and parties directed to approach the Civil Court.

Pramod Sah Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24588 of 2018

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Pramod Sah S/o Late Ramawatar Sah R/o Village- Dariyapur, Colony No-3, P.O- Hanspur, P.S.- Nayagaon, District- Begusarai

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna

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The Collector, Begusarai, District- Begusarai

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The Land Reforms Deputy Collector, Begusarai, District- Begusarai

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The Sub-Divisional Officer, Begusarai, District- Begusarai

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The Circle Officer, Matihani, District- Begusarai

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The Officer-In-Charge,P.S.- Nayagaon, District- Begusarai

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Kari Sah S/o Suresh Sah R/o Village- Dariyapur, Punarvas Coloney No. 3, P.S.- Nayagaon, District- Begusarai

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Shally Kumari For the Respondent/s : Mr.Sajid Salim Khan -Sc25

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 06-12-2022

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I.A. No. 1 of 2022

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The present interlocutory application has been filed for substitution of heirs and legal representatives of the Respondent No. 8 (Kari Sah) who died on 28.04.2022.

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For the reasons mentioned in the interlocutory application, it is allowed.

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Let the heirs and legal representatives of the Respondent No. 8 (Kari Shah) be substituted and in his place as mentioned in paragraph No. 1 of the interlocutory application

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Patna High Court CWJC No.24588 of 2018(3) dt.06-12-2022 2/3

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and the name of the Respondent No. 8 be expunged from the array of the Respondents.

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Re. C.W.J.C. No. 24588 of 2018

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The dispute between the petitioner and the Respondent No. 8 is with regard to the same land. The petitioner claimed that purcha is said to have been issued in the year 1990’s whereas Respondent No. 9 claims that the purchas to have been issued in the year 1991.

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The petitioner has submitted that he may be allowed to withdraw this application to prefer his alternative remedy before the DCLR pursuant to the order of the Collector, Begusarai.

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The learned counsel for the Respondent No. 8 has taken this Court to Letter No. 04.10.2013 written by the Circle Officer, Motihari to the Senior Deputy Collector, In-charge, Begusarai. From perusal of the letter, it appears that the Respondent No. 8 is in possession of the land in question being claimed by the petitioner on the strength of a purcha when he was a minor.

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The rival claims of the parties cannot be decided by the Revenue Authorities in summary proceedings before the Revenue Authority.

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Patna High Court CWJC No.24588 of 2018(3) dt.06-12-2022 3/3

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The parties are directed to approach the Civil Court

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for declaration that their purcha is genuine.

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With the aforesaid observation and direction this

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application is disposed of.

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(Sandeep Kumar, J)

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sunnykr/-

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Pramod Sah v. The State Of Bihar and Ors.

Case brief

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Pramod Sah v. The State Of Bihar and Ors.

Case brief

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