Dismissed¶25

Binay Kumar v. The State of Bihar

Patna HC12 Aug 2024CWJC/12072/2024

Case brief

AI extract

What is this about?

Article 226 writ petition challenging 1991 Basgit Purcha (Purcha Case No.21/1991-92) issued to Dukhit Mandal over land bought by petitioner's father in 1955; dismissed as misconceived because brothers' Title Suit No. 38 of 2024 already pending; interim protection left to civil court. Keywords: alternative civil remedy; parallel proceedings; writ dismissed; land dispute; Khata No. 7 Plot No. 11; Muzaffarpur; Motipur Circle Officer; rent receipts; thatched house encroachment.

What did the court decide?

Since the brothers of the petitioner had already filed Title Suit No. 38 of 2024 for a similar grievance, invocation of the writ jurisdiction by the petitioner was wholly misconceived, and accordingly the writ petition stands dismissed. ¶25

Binay Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12072 of 2024

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Binay Kumar, Son of Late Ayodhya Prasad @ Ayodhya Kumar, resident of village - Mouna, P.O. - Rajepur, P.S. Rajepur, District-Muzaffarpur, at present residing at 218 Pharmaceutical Colony, Near Shiv Mandir, B.H. Colony, P.O. B.H. Colony, P.S. Agamkuan, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary Revenue and Land Reforms Department, Bihar, Patna.

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The Collector, District - Muzaffarpur.

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The Deputy Collector Land Reforms, Muzaffarpur.

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The Circle Officer, Motipur, District - Muzaffarpur.

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Dukhit Mandal, Son of Late Ramautar Mandal, resident of village - Mouna, P.O. Rajepur, P.S. - Rajepur, District - Muzaffarpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Gopal Krishna, AC to GP-2

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 12-08-2024 Heard Mr. Ajay Kumar, learned Advocate for the petitioner and Mr. Gopal Kirshna, learned AC to GP-2.

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The petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking quashing of the Purcha issued in favour of respondent no.5 way back in the year 1991 without any notice or opportunity to the father of the petitioner, who was alive at that point of time.

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Learned Advocate for the petitioner contended that the father of the petitioner, namely, Ayodhya Prasad, resident of

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Patna High Court CWJC No.12072 of 2024(2) dt.12-08-2024 2/3

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Village Mouna, P.O. Rajopur, P.S. Rajopur, DistrictMuzaffarpur, was the owner and title holder of an area of 20 decimals appertaining to Khata No. 7, Plot No. 11 along with other lands. The aforesaid lands had acquired through a registered sale deed dated 07.12.1955. It is the contention of the petitioner that after purchase of the land, the father of the petitioner preceding to his death and the petitioner have been coming in peaceful possession over the land and the petitioner is paying rent to the State of Bihar and getting the rent receipt. In the month of January, 2024, when respondent no.5 started constructing thatched house over a part of the land in question, an objection was raised by the petitioner and he approached before the Sub Divisional Judicial Magistrate, West Muzaffarpur, praying therein to restrain respondent no.5 from interfering in the peaceful possession of the schedule land. Subsequently, the petitioner came to know that respondent no.5 has obtained a Purcha in the year 1991 vide Basgit Purcha Case No.21/1991-92. The aforesaid Basgit Purcha is questioned before this Court as the same has been issued without any notice or opportunity to the father of the petitioner while he was alive at that point of time.

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Learned Advocate for the State drew the attention

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Patna High Court CWJC No.12072 of 2024(2) dt.12-08-2024 3/3

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of this Court that the brothers of the petitioner have already filed title suit bearing Title Suit No. 38 of 2024 and the same is pending consideration before the civil court of competent jurisdiction.

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Considering the fact that for the similar grievance, the brothers of the petitioner have already filed Title Suit No.38 of 2024, thus, invocation of the jurisdiction of this Court by the petitioner is wholly misconceived and, as such, the writ petition stands dismissed.

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Needless to observe that the petitioner has ample remedy available before the civil court of competent jurisdiction to get interim protection, if required.

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(Harish Kumar, J)

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rohit/-

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Binay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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