Dismissed

Bambhola Prasad Yadav v. The State of Bihar

Patna HC9 Apr 2024L.P.A/454/2023

Case brief

AI extract

What is this about?

In this Letters Patent Appeal, the High Court upheld the Single Judge's dismissal of a civil writ petition regarding a land dispute. The Court held that the matter involved disputed questions of fact and required an alternative remedy under the Bihar Land Disputes Resolution Act or Civil Court remedy, thus the writ was misconceived.

What did the court decide?

The appeal was dismissed and the dismissal of the writ petition was upheld.

Bambhola Prasad Yadav Vs The State of Bihar — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.454 of 2023 In

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Civil Writ Jurisdiction Case No.4456 of 2015

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======================================================

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Bambhola Prasad Yadav Son of Late Rameshwar Prasad Yadav 2. Arman, Minor Son of Bambhola Prasad Yadav under the guardianship of his father and maternal guardian Bam Bhola Prasad, resident of village and P.O. - Bhadaul, Police Station and District - Madhepura.

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... ... Appellant/s

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Versus

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1. The State of Bihar. 2. The Collector, Madhepura. 3. The Deputy Collector Land Reforms, Madhepura. 4. The Sub-Divisional Officer, Madhepura. 5. The Circle Officer, Madhepura. 6. Lakhiya Devi, W/o Ramswarup Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Shailendra Rishideo, S/o Tiran Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Manoj Rishideo, S/o Satan Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Baleshwar Rishideo, S/o Dhalo Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Ramji Rishideo, S/o Sukhdeo Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Ranjit Rishideo, S/o Not Known Resident of Village- Machh Bakhra, P.O.Godhela, P.S. and District- Madhepura.

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1. Chaniya Devi, W/o Mahadeo Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Singheshwar Rishideo, S/o Suknati Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Domi Rishideo, S/o Mangal Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Sanjay Rishideo, S/o Chhutaharu Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Sukumar Rishideo, S/o Chhutaharu Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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1. Ritu Devi, W/o Kuldip Rishideo Resident of Village- Machh Bakhra, P.O.Godhela, P.S. and District- Madhepura.

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1. Natai Rishideo, S/o Sukun Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Patna High Court L.P.A No.454 of 2023 dt.09-04-2024 2/4

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Dinesh Rishideo, S/o Natai Rishideo, null Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Sharwan Rishideo, S/o Batan Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Batan Rishideo, S/o Sukhdeo Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Chandrika Devi, W/o Sahdeo Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Dhalo Rishideo, S/o Saryug Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Yogendra Rishideo, S/o Saryug Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Vijay Rishideo, S/o Mangal Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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Biraji Devi, W/o Late Satan Rishideo Resident of Village- Machh Bakhra, P.O.- Godhela, P.S. and District- Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Wasi Akhtar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam,AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 09-04-2024

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The appeal is from a judgment of the learned Single Judge, which relegated the appellants to the alternate remedy available before the authorities under the Bihar Land Disputes Resolution Act, 2009.

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The appellants are aggrieved with the Land Settlement Parcha granted to Respondent Nos. 6 to 26, which lands are said to be comprised within Plot Nos. 1489, 1490 and 1491 of Khata No. 208; belonging to the appellants by virtue of

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Patna High Court L.P.A No.454 of 2023 dt.09-04-2024 3/4

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the title deed.

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The appellants state that the appellants purchased it from one Prabhash Chandra Yadav and it is their case that originally it belonged to Babu Bindeshwari Prasad and Babu Mahabir Prasad Mandal and others. The vendor of the appellants is said to be one of the persons who had filed Title Suit No. 6521 of 1982 along with one Shiv Kumari Devi. The appellants do not speak of how the vendors of the appellants succeeded to the property from the original title holders.

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Further, we are of the opinion that it involves a question of identification of the property as seen from the title deed. The appellants also do not have any contention regarding possession. Presumably, the Respondent Nos. 6 to 26 are in possession as of now.

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Considering the entire circumstances of the case, we are of the opinion that a writ petition under Article 226 cannot be entertained, especially when there are disputed questions of fact. We find the relegation made by the learned Single Judge to the alternative remedy perfectly in order. It goes without saying that the appellants could also approach the Civil Court for declaration and recovery of possession.

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The writ petition is misconceived and the appeal

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Patna High Court L.P.A No.454 of 2023 dt.09-04-2024 4/4

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stands dismissed.

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Interlocutory application, if any, shall stand

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disposed of.

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(K. Vinod Chandran, CJ)

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( Harish Kumar, J)

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Sujit/-

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AFR/NAFR NAFR CAV DATE Uploading Date 23.04.2024 Transmission Date

Bambhola Prasad Yadav v. The State of Bihar

Case brief

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Bambhola Prasad Yadav v. The State of Bihar

Case brief

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