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Patna High CourtCWJC/3769/2020dismissed

Karuna Devi v. The State Of Bihar

2020-02-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3769 of 2020 ====================================================== Karuna Devi wife of Sri Yogendra Prasad Gupta, resident of VillageMadhurapur, Narainpur, P.S. Bhawanipur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Magistrate, Bhagalpur.

3.

Sub-Divisional Officer, Naugachia, Bhagalpur. 4.

Deputy Collector (Land Reforms), Naugachia.

5.

The Circle Officer, Narainpur Anchal, Naugachia District- Bhagalpur. 6.

The Police Superintendent, Naugachia, Bhagalpur. 7.

The Deputy Inspector General of Police, Eastern Zone, Bhagalpur. 8.

The Director General of Police, Bihar, Patna- 1. 9.

The Officer-in-Charge, Bhawanipur O.P., Narainpur Dist- Bhagalpur. 10.

Md. Tahir Sah, son of Habib Sah, resident of village- Madhurapur, Narainpur, P.S. Bhawanipur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Vivek For the Respondent/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2020 Heard both sides.

The petitioner has filed this writ petition for a direction to the respondents to protect the petitioner and refrain the private respondent(respondent No.10) from taking possession over the land of Khata No.1547 Khesra No.2088 area 1 1⁄2 decimals.

From perusal of the report of S.P.(Annexure-3 series) at page 16, it appears that Md. Tahir Sah executed the sale deed

Patna High Court CWJC No.3769 of 2020(2) dt.20-02-2020 2/2 with regard to 1 1⁄2 decimals of land of his share to Om Prakash Sharma. Md. Tahir earlier executed another sale deed in favour of the brother of his wife. The dispute itself appears to be purely of a civil nature and this Court under Article 226 of the Constitution of India cannot decide the disputed question of facts with regard to title of a party.

Having considered the facts aforesaid, I do not find any merit in this writ petition. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) Saurabh/- U