Md. Aftab Khan v. The State Of Bihar And ORS

Patna High Court CWJC No.6762 of 2015 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6762 of 2015 ====================================================== Md. Aftab Khan .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Mahtab Ahmad For the Respondent/s : Mr. Nasim Yahya- Gp13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-04-2016 Heard learned Senior counsel, Mr. Mahesh Narayai Prasad, appearing for the petitioner and learned counsel A.C. to G.P.-13 appearing for the respondents-State.

2.

Perused the order dated 12.02.2014 passed by the learned Sub-Judge-VII, Sasaram in T.S. No. 226 of 2013. It appears that the suit was filed by the plaintiff for declaration of the title and for declaration that the Majar (grave yard) is the ancestral grave yard of the plaintiff. The State of Bihar-defendant filed contesting written statement alleging that in fact, the suit land is Gairmazarua and grave yard of the plaintiff is outside of Gairmazarua. The court below found further that since the grave yard has been admitted by the state authority, it will not make any difference if the Pleader Commissioner is appointed and it is not necessary to appoint Pleader Commissioner for giving physical features of the grave yard.

Patna High Court CWJC No.6762 of 2015 (2) dt.01-04-2016 3.

Admittedly, still the evidence of parties have not yet started, therefore, appointment of Pleader Commissioner will amount to collection of evidence.

4.

In view of the finding recorded by the court below, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U