Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2798 of 2022 ====================================================== 1.

Arun Kumar Son of Late Jaya Narayan Permanent resident of Village - Ahraon, P.O. and P.S. - Sasaram, District- Rohtas and at present resident of Road No. - 1(Ext.), Rajbanshi Nagar, P.O. and P.S. - Shastri Natgar, Patna - 800023.

2.

Pramod Kumar Son of Late Raj Narayan Resident of Village - Ahraon, P.O. and P.S. - Sasaram, District Rohtas and at present resident of Flat No. - 01, Block - 29, Alaknanda Alok Vihar, Ghorabanda, P.O. - Telco Works, P.S. - Gobindpur, Jamshedpur - 831004, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Principle Secretary, Department of Land and Revenue, Government of Bihar, Patna.

3.

The District Magistrate - cum- Collector, Rohtas at Sasaram, Bihar. 4.

The Superintendent of Police, Rohtas, Bihar.

5.

The District Registrar, District Registry Office, Rohtas at Sasaram. 6.

S.D.O. Sasaram, at Rohtas, Bihar.

7.

B.D.O. Sasaram, Rohtas Bihar.

8.

Circle Officer, Sasaram, Bihar.

9.

Mosmat Sushila Kuer @ Sushila Devi Wife of Late Ram narayan Singh alongwith Binay Kumar Singh Son of Late Ram Narayan Singh resident of Village - Ahraon, P.O. and P.S. - Sasaram, District- Rohtas. 10.

Smt. Indu Tiwari Wife of Jai Prakash Tiwary Resident of Village - Kaupa, P.O. - Naad, P.S. Shivsagar, District- Rohtas. 11.

Ramakant Rai Son of Sri Ramsurat Rai Resident of Mohalla - Takia Badhiaya Bagh, P.O. - Takiya Bazaar Samiti, P.S. - Sasaram, DistrictRohtas. 12.

Sanjay Kumar Singh Son of Late Nand Kishore Singh Resident of Village - Khirahi, P.O. - Barhari, P.S. Karahgar, District- Rohtas (Bihar). 13.

Rani Sinha Wife of Sri Prince Kumar Resident of Village - Kaithi, P.O. - Mujrarh, P.S. - Nokha, District- Rohtas, (Bihar). 14.

Rashmi Kumari Wife of Sri Savi Kumar Resident of Mohalla - Karan Sarai, P.O. and P.S. - Sasaram, District- Rohtas, (Bihar). 15.

Smt. Sita Kumari Wife of Sri Pappu Kumar Resident of Village - Khirahi, P.O. - Barhari, P.S. - Karahgar, District- Rohtas (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Mishra, Advocate

Patna High Court CWJC No.2798 of 2022(2) dt.15-12-2022 2/3 For the Respondent/s :

Mr.Kumar Shanu (A.C. To A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2022 The present writ petition has been filed seeking the following reliefs:- "1.(i) To cancel the Registered Sale Deed Nos- (i) 4646 dated 17- 05-2017, (ii) 4647 dated 1705-2017.(iii) 4648 dated 17-05- 2017, (iv) 4649 dated 17-05-2017 and 4650 dated 17-05- 2017 and others (if any), with immediate effect.

In view of the facts that the joint ancestral property of the petitioners has been illegally executed by Mosmat Sushila Kuer @ Sushila Devi (Respondent No-8) vide Khata No-17, Plot No-45, Mauza-Ahraon, Sasaram,Rohtas in favour of (i) Indu Tiwary (ii) Ramakant Rai (iii) Sanjay Kumar Singh (iv) Rani Sinha (v) Rashmi Kumari and (vi) Sita Kumari (Respondents Nos-9 to 14, respectively, which is quite illegal and against the law of Bihar Registration Act.

(ii) To impose heavy cost upon Respondent No8, who has illegally executed the land of the petitioner's Grand Father namely Late Saryu Singh and till date it is running in his name and also lodge F.I.R. against the Respondent Nos-8 to 14 and also against the identifier, witnesses on deeds and Deed Writer, who with conspiracy, step all the executional work have

Patna High Court CWJC No.2798 of 2022(2) dt.15-12-2022 3/3 been made without any inquiry or before sell announcement either sell or purchasing step is quite illegal and they are all guilty and thus liable to be punished in Criminal procedure after cancellation of the abovesaid deeds."

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty so sought is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) S.Sb/Saurav U