Tripti Narayan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6808 of 2023 ====================================================== Tripti Narayan Choudhary Son of Late Domi Choudhary, Resident of Village and P.O. - Andhra, P.S - Andhra Tharhi, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Member (Judicial), The Bihar Land Tribunal, Patna. 3.

The Divisional Commissioner, Darbhanga.

4.

The Deputy Collector, Land Reforms, Jhanjharpur, District - Madhubani. 5.

The Circle Officer, Andhra Tharhi, District - Madhubani. 6.

Parmeshwar Sadai, son of Panchu Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 7.

Panchu Sadai, Son of Late Dasai Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 8.

Punam Sadai, Son of Panchu Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani.

9.

Arjun Sadai, Son of Panchu Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani.

10.

Singheshwar Sadai, Son of Panchu Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 11.

Nankeshwar Sadai, Son of Late Shiva Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 12.

Ram Ashish Sadai, Son of Late Shaini Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 13.

Ram Kishun Sadai, Son of Late Shaini Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 14.

Chandeshwar Sadai, Son of Late Halkhori Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 15.

Vindeshwar Sadai, Son of Late Negra Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 16.

Buche Lal Sadai, Son of Late Negra Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 17.

Muneshwar Sadai, Son of Late Negra Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 18.

Santosh Sadai, Son of Vindeshwar Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. 19.

Ram Lochan Sadai, Son of Nankeshwar Sadai, Resident of Village and P.O. - Andhra, P.S. - Andhra Tharhi, District - Madhubani. ... ... Respondent/s ======================================================

Patna High Court CWJC No.6808 of 2023(2) dt.14-09-2023 2/3 Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Adv.

:

Mr. Uday Bhan Roy, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 :

Mr. Prerna Anand, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Counsel for the petitioner submits that the claim of the petitioner in this case is by virtue of registered sale deed. Counsel fairly submits that petitioner has consistently lost and in the Bihar Land Tribunal it has been observed that there is a complex question of adjudication of the title involved in this case and this writ petition has been dismissed with the grant of relief to the parties to seek remedy before the competent Civil Court.

3. Counsel for the State submits that the petitioner has consistently lost in all the Revenue Courts.

4. In this view of the matter and upon going through the case, particularly the observation made by the Bihar Land Tribunal, Madhubani that the serious question of right, title and possession relating to Raiyati land is involved in this case and the complex question of adjudication of title can be resolved only by the competent Civil Court, therefore, this writ petition is hereby dismissed with the direction to the petitioner to avail the

Patna High Court CWJC No.6808 of 2023(2) dt.14-09-2023 3/3 remedy before the Civil Court.

5. It is also made clear to the Civil Court that at the time of deciding the title, the order passed by the Revenue Court shall not cause any prejudice in taking the decision. (Dr. Anshuman, J.) Ashishsingh/- U