Rajendra Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17943 of 2010 ====================================================== Rajendra Singh S/O Late Baburam Singh, resident of village- Chandpur, P.S. Siswan, Distt-Siwan ---- Plaintiff- Appellant .... .... Petitioner
Versus
1. The State of Bihar through the Collector Siwan-- Respondent 1st Set
2. Sheo Bachan Kuwar S/O Late Darbari Kuwar
3. Vijay Kant Kunwar S/O Sheo Bachan Kuwar
4. Ajay Kant Kunwar S/O Sheo Bachan Kuwar , Respondent nos. 2 to 4 are residents of village- Chandpur, P.S. M.H.Nagar, District- Siwan -------------- Defendants- Respondent 2nd Set
5. Ram Janam Singh
6. Balindra Singh, both sons of Raj Kumar Singh
7. Nand Kumar Singh S/O Late Babu Ram Singh Respondent nos.5 to 7 are residents of village- Chandpur, P.S.M.H.Nagar, Distt-Siwan --------------- Defendants- Respondents 3rd Set .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Poonam Kumari For the Respondent/s : Mr. AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
11-05-2015 Heard learned counsel for the petitioner and learned AC to SC-21.
The present writ petition has been filed against an order dated 17.07.2007 passed by the 2nd Munsif, Siwan in T.S. no.48 of 2004, whereby the learned Munsif rejected the injunction petition filed on behalf of the plaintiff- petitioner. The Suit was filed for declaration of title and confirmation of possession. The petitioner has further prayed for quashing of order dated 22.09.2010 passed by the learned Addl. District & Sessions Judge,
Patna High Court CWJC No.17943 of 2010 (2) dt.11-05-2015 2/2 Fast Track Court no.4, Siwan passed in Misc. Appeal No.26 of 2007, whereby the appellate court has affirmed the order of the Munsif , whereby the injunction petition has been rejected. Learned State Counsel submits that the land in dispute is a Gairmazarua land.
Be that as it may, since the prayer for injunction was rejected in the year 2007 itself, which has already been affirmed by the appellate Court, I do not find any ground to interfere with the orders. The writ petition stands dismissed. (Rakesh Kumar, J) NKS/- U