Babulal Yadav v. State And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12107 of 1992 ===========================================================

1. (a) Babu Lal Yadav son of Late Ramlal Yadav (b) Ajay Kumar son of Babu Lal Yadav.

(c) Vijay Kumar, son of Babu Lal Yadav

2. (a) Navin Yadav (b) Upendra Yadav (c) Ram Chandar Yadav All sons of Late Ram Bahadur Yadav .... .... Petitioners

Versus

1. The State of Bihar

2. The District Magistrate, Khagaria.

3. The Deputy Collector, Land Reforms, Khagaria.

4. The Circle Officer, Allaulia, Khagaria

5. Bihar Bhoodan Yogana Committee, Jagat Narain Road, Kadam Kuan, Patna-4, .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Chandra Sinha Mr. Arbind Kumar Mr. Arvind Kumar For the State : Mr. Niranjan Kumar, A.C. to G.P.-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 30-03-2015 The present writ application has been filed seeking following directions:- "1. For issuance of appropriate writ or writs, order or orders, direction or directions, directing the respondents not to disturb the petitioners of their peaceful possession over the land in question and further restraining the respondents during pendency of this application from entering over the land in question particularly at the time of harvestation of the paddy crops grown by the petitioners on the land in question.

3. That the petitioners are the citizen of India. The petitioner No. 2 is the brother-in-law of the petitioner

Patna High Court CWJC No.12107 of 1992 dt.30-03-2015 P2/2 No. 1 and both the petitioners have purchased the land in question on the same date from the same vendors and intend to file the instant writ application jointly in this Hon'ble Court."

From the pleadings in the writ application it appears that as a matter of fact there is dispute with respect to the petitioners' title over the land in question which cannot be adjudicated upon in a proceeding under Article 226 of the Constitution of India. They will be, however, at liberty to approach Court of competent jurisdiction, for appropriate relief, as may be advised.

This application is disposed of accordingly.

(Chakradhari Sharan Singh, J.) Saif/- U