Smt. Munna Devi And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.14048 of 2015 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14048 of 2015 ====================================================== Smt. Munna Devi & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Sc24 S.K.Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard the learned counsel, Mr. Ajay Kumar Sharma, for the petitioner and the learned A.C. to S.C.24.

This application under Article 226 of the Constitution of India has been filed for directing the Court below and the State authorities to give delivery of possession to the property allotted in favour of the petitioner in view of the final decree passed in Partition Suit No.15 of 2007 / 89 of 2006 is not maintainable.

The petitioner has got remedy under the Code of Civil Procedure to execute and obtain delivery of possession according to law. It may be mentioned here that the High Court is not executing Court of the Judgment and Decree passed by the Civil Court. Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U