Vakil Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.10883 of 2013 (2) dt.06-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10883 of 2013 ======================================================

1. Vakil Ram Son Of Late Phudeni Ram Resident Of Village - Lodipur, P.O. And P.S. - Goraul, District - Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar Through Collector, Vaishali, Hajipur

2. The Collector, Vaishali, Hajipur

3. The Circle Officer, Anchal Goraul, District - Vaishali

4. The Circle Inspector, Anchal Goraul, District - Vaishali

5. Most. Maniya Devi Wife Of Late Narayan Ram Alias Balram Ram Resident Of Village - Lodipur, P.O. And P.S. - Goraul, District - Vaishali

6. Lalpati Devi Wife Of Baidyanath Ram Resident Of Village - Lodipur, P.O. And P.S. - Goraul, District - Vaishali

7. Kishun Ram Son Of Late Chhathu Ram Resident Of Village - Lodipur, P.O. And P.S. - Goraul, District - Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s : Mr. GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner.

One of the co-sharers had executed gift in favour of His Excellency, the Governor with regard to the lands having under dispute and further, on account of the refusal by the learned lower court of Sub-Judge, 5th Vaishali at Hajipur relating to Title Suit No. 317/2010 to appoint pleader-commissioner for physical verification of land, has got no relevancy in the background of the fact that instant suit has been filed for revoking of the gift, and in case so revoked, then in that event, petitioner will be entitled to recover his possession irrespective of construction having thereupon at the end of Respondent/defendant. The instant petition is disposed of in terms thereof. (Aditya Kumar Trivedi, J) perwez U