Dismissed¶6

Md. Tayab v. The State of Bihar

Patna HC6 Feb 2025L.P.A/1056/2023

Case brief

AI extract

What is this about?

Patna High Court LPA 1056 of 2023, decided 06-02-2025 (NAFR), Ashutosh Kumar ACJ with Partha Sarthy J; execution of parenthetical Co-operative Society officer's observation sought before learned Munsif; encroachment removal outside co-operative authority's domain; oral gift claim and Title Suit by respondent No. 3; Single Judge order dated 31.07.2023 in C.W.J.C. No. 5006 of 2017 upheld; appeal dismissed; no statute or precedent discussed; no monetary quantum.

What did the court decide?

This Court finds no reason to interfere with the order of the learned Single Judge dated 31.07.2023 in C.W.J.C. No. 5006 of 2017. ¶5

Md. Tayab Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1056 of 2023 In

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Civil Writ Jurisdiction Case No.5006 of 2017

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Md. Tayab, Son of Late Md. Hussain, Resident of Qr. No. D/109, Police Colony, P.S. Gardabibagh, P.O. Anishabad, District-Patna.

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... ... Appellant/s

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Versus

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The State of Bihar through the Registrar, Co-operative Societies, Bihar, Patna.

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That Secretary, Aarakashi Karamcharigan Shakari, Girh Niraman Samiti Ltd., Anishabad, Patna-2.

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Anwari Bano Wife of Sami Eqbal Resident at D/109, Police Colony, Anishabad, Patna-800002.

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Sams Tabres Khan Son of Late Md. Ayub Khan Present Resident at Mohalla-Jameshwar Road, Ajmer, P.O.-Ajmer, P.S.-Ajmer Dargah Sarif, District-Ajmer, Rajasthan.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to GA- 13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 06-02-2025

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We have heard Mr. Sanjay Kumar, the learned

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Advocate for the appellant and Mr. Sanjay Kumar, the

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learned Advocate for the State.

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The appellant has questioned the order

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dated 31.07.2023 passed by a learned Single Judge of

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this Court in C.W.J.C. No. 5006 of 2017, refusing to

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Patna High Court L.P.A No.1056 of 2023 dt.06-02-2025 2/3

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interfere with the decision of the learned Munsif who had recused to have the observations of the Joint Secretary of the Co-operative Society to be executed.

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The appellant had purchased a land in the

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police colony from respondent No. 4. However, the daughter of respondent No. 4 (respondent No. 3) claimed that the property in question had been orally gifted to her. She had also preferred a Title Suit impleading her father as defendant. The appellant had parallelly moved before the Co-operative Societies seeking removal of encroachment. The concerned authority of the Cooperative Society had rightly observed that removal of encroachment would not fall in their domain. However, while disposing of the petition of the appellant, it was parenthetically observed that it appears that the appellant

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had purchased the land in question from the owner/vendor for a consideration.

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