Gurjeet Singh And ANR v. The State Of Bihar Through Collector Bhagalpur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1178 of 2013 ======================================================

1. Gurjeet Singh Son Of Late Sardar Mangal Singh R/O MohallaKhalifabag Also Known As Kharmanchak, D.N. Singh Road, P.S.- Kotwali (Adampur) Subdivision And District- Bhagalpur

2. Devendra Singh Son Of Late Sardar Mangal Singh R/O MohallaKhalifabag Also Known As Kharmanchak, D.N. Singh Road, P.S.- Kotwali (Adampur) Subdivision And District- Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through Collector Bhagalpur

2. The Superintendent Of Police, Bhagalpur

3. The Dy. S.P. Bhagalpur

4. The S.H.O. Adampur (Kotwali), District- Bhagalpur

5. Kulwant Singh S/O Late Sardar Mangal Singh R/O Mohalla- Khalifabag Also Known As Kharmanchak, D.N. Singh Road, P.S.- Kotwali (Adampur) Subdivision And District- Bhagalpur, Presently Residing At 292, E, B.R.S., P.S.- Sarabanagar, District- Ludhiana (Punjab) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Respondent/s : Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-01-2015 The prayer of the petitioner as disclosed in paragraph 1 of the writ petition is as under :- "1. That this application is being filed for issuance of writ for following reliefs :- (i) For issuance of writ in the nature of command directing the official respondents to not disturb the possession the petitioners over the disputed land in collusion with private respondent no.5. (ii) For issuance of writ in the nature of command directing the official respondents to not take any steps in collusion of the private respondent no.5 for his forceful entry in the suit premises till final disposal of T.S.No. 101/2012 in which he is the sole defendant.

Patna High Court Cr. WJC No.1178 of 2013 (2) dt.08-01-2015 2/2 (iii) For issuance of writ in the nature of command directing the official respondents to not disturb the petitioners or their caretaker who is residing in the disputed land in absence of petitioners. (iv) For issuance of any other writ/writs, order/orders for which petitioners deemed entitled to."

Having gone through the record, I find that the petitioners and respondent no.5 are full brothers and the case relates to the dispute of share in the property in question. In my view, the question relating to right, title, possession and share of property cannot be decided in writ jurisdiction. In that view of the matter, I find no merit in the present application. Accordingly, the writ petition is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T