Patna High CourtL.P.A/355/2014dismissed

Narendra Kumar v. The State Of Bihar And ORS

2016-07-21Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.355 of 2014 Arising out of Civil Writ Jurisdiction Case No. 17960 of 2008 =========================================================== Narendra Kumar S/O Late Ram Nomi Singh, Resident Of Town Madhepura, P.S. Madhepura, Dist- Madhepura .... .... Appellant/s

Versus

1. The State of Bihar represented through its Chief Secretary to the Govt. of Bihar, Old Secretariat Building, Patna

2. The Collector-Cum-District Registrar, Patna

3. The Sub-Registrar, Madhepura

4. The Circle Officer, Madhepura

5. Shiv Narain Yadav S/O Amoghi Yadav

6. Pankaj Kumar

7. Santosh Kumar, Respondent nos. 6 and 7 are sons of Dhore Lal Yadav

8. Arun Kumar

9. Anil Kumar, Respondent nos. 8 and 9 are sons of Ayodhi Yadav

10. Salendra Kumar Yadav,

11. Sikandra Kumar Yadav, Respondent nos. 10 and 11 are sons of Kamaudhi Yadav, All are residents of Village Dhurgaun, P.S. Madhepura, Dist- Madhepura .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Tilak Sao Mr. Ram Swarup Prasad For the Respondent/s : Mr. Durgesh Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 21-07-2016 The challenge in the present Letters Patent Appeal is to an order dated 18th July, 2014 passed by the learned Single Judge of this Court in CWJC No. 17960 of 2008, whereby the learned Single Judge has rightly found that a registered sale deed cannot be annulled by the

Patna High Court LPA No.355 of 2014 dt.21-07-2016 2/2 High Court in writ jurisdiction as sought by the appellant. Whether a sale deed is legal or valid, is a disputed question of fact. Such disputed question of fact can be raised only before the competent Civil Court.

Therefore, the present Letters Patent Appeal is dismissed with liberty to the appellant to avail such other remedy as may be available to the appellant in accordance with law. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) mrl AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23-07-2016 Transmission Date N.A.