Sumitra Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1357 of 1992 ===========================================================
1. (a) Sumitra Devi wife of Late Krishna Prasad Rai (b) Sanjeev Pd. Rai (c) Ranjeet Pd. Rai (d) Rajeev Pd. Rai (e) Sanjay Kumar Rai (f) Sabita Kumari (g) Lalita Kumari (h) Gyanika Kumari (i) Neelu Kumari All major sons and daughters of Late Krishna Prasad Rai
2. (a) Shanti Devi wife of Late Balram Prasad Rai (b) Manoj Kumar Rai (c) Pankaj Kumar, both sons of Late Balram Prasad Rai (d) Baby Devi, Wife of Anil Kumar (e) Manju Kumari, Wife of Arbind Kumar Both daughters of Late Balram Prasad Rai
3. Umesh Prasad Rai
4. Bijendra Prasad Rai All sons of Late Ram Dharan Rai, resident of village-Bishanpur Baldhari @ Balba, P.S. Hajipur, District-Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Director, consolidation, Bihar, Patna.
3. Deputy director, Consolidation, Vaishali
4. Consolidation Officer, Mahnar, Vaishali
5. (i) Ramesh Bhagat (expunged vide order No. 8 dated 06.07.2010) a) Renu Devi daughter of Late Ramesh Bhagat and wife of Ashok Kumar b) sanjay Suman c) Ranjan Raman d) Anju Kumar All one daughter and three sons of deceased Ramesh Bhagat (ii) Devendar Bhagat (iii) Dinesh Bhagat (iv) Suresh Bhagat.
All sons of late Laxmi Narayan Bhagat (v) Dularik Devi, wife of Chhatee Bhagat (vi) Sabitri Devi wife of Vivekanand Bhagat (vii) Beena Devi, wife of Ashok Bhagat (viii) Nila Devi, wife of Puncham Bhagat All daughters of late Laxmi Narayan Bhagat .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Mr. Ranjeet Kumar For the State : Mr. Sushant Praveer, A.C. to S.C.-27 ======================================================
Patna High Court CWJC No.1357 of 1992 dt.16-02-2015 P2/3 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 16-02-2015 The pleadings in the present writ application would show that there is dispute over title with respect to the land in question described as Survey Plot Nos. 19 and 20 measuring 13 Kathas and 121⁄2 dhoors from west situated at village Purwa under Hajipur Anchal in the district of Vashali, which is said to have been carved out from the operation of Cadestral Survey Plot No. 11, between the petitioners and Respondent No. 5.
Claiming title over the property in question, admittedly, the petitioners had filed a Title Suit No. 135/66/87/75 in the Court of learned Munsif, Hajipur, Vaishali. The petitioner lost there and preferred appeal. The appeal stood abated by operation of Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the 'Act') vide order dated 25.07.1978, passed by learned Additional District Judge, Hajipur, Vaishali. Learned counsel for the petitioners, on instructions from his clients, states that till date the village has not been denotified under Section 26(A) of the Act.
Considering the nature of dispute involved in the present writ application, I am of the considered opinion that it cannot be
Patna High Court CWJC No.1357 of 1992 dt.16-02-2015 P3/3 adjudicated upon in a proceeding under Article 226 of the Constitution of India. It goes without saying that the petitioners shall have the remedy of pursuing their appeal, once the village is denotified under Section 26(A) of the Act.
With this observation, this application is disposed of. (Chakradhari Sharan Singh, J.) Saif/- U