Narvdeshwar Nath Tiwari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 839 of 2014 Arising out of Civil Writ Jurisdiction Case No. 6816 of 1991 ===========================================================

1. Narvdeshwar Nath Tiwary son of Late Suryabhan Tiwari

2. Mostt. Girija Devi wife of Late Suryabhan Tiwari Both residents of village Tiwari Chakiya, P.O.- Husepur, P.S.- Bhore, DistrictGopalganj

3. Rabindra Chaudhary

4. Rajendra Chaudhary

5. Raja Chaudhary All are sons of Late Nathuni Chaudhari

6. Smt. Ghurali Devi, daughter of Late Premi Chaudhari, Respondent Nos. 3 to 6 are residents of village Muradih, P.O.- Hussepur, P.S.- Bhore, Distt.- Gopalganj .... .... Petitioners - Appellants

Versus

1. The State of Bihar

2. The Commissioner, Saran Division, Chapra

3. The Additional Collector, Gopalganj

4. The Deputy Collector, Land Reforms Department, District- Gopalganj

5. The Anchal Adhikari, Bhore, P.O. and P.S.- Bhore, District- Gopalganj

6. Bhrigurashan Chaudhari, son of Tapi Chaudhary, deceased, resident of villageBantariadhu, P.O. & P.S. Bhore, District- Gopalganj (Since deceased respondent no. 6 has been substituted by the following heirs and legal representatives vide the Court's order dated 24.11.2016 passed in I.A. No. 8583 of 2015) 6(A) Jyotsna Devi, wife of Late Bhrigurashan Choudhari, 6(B) Munna Yadav 6(C) Raj Kumar Yadav 6(D) Santosh Yadav 6(E) Jitendra Yadav, All sons of Late Bhrigurashan Choudhari, 6(F) Satyendra 6(G) Anand Yadav 6(H) Devanand Yadav All minor sons of Late Bhrigurashan Choudhari, under the guardianship of their mother Jyotsna Devi, All residents of Village - Bantariadhu, P.O. & P.S. Bhore, District Gopalganj. .... .... Respondents - Respondents.

=========================================================== Appearance:

For the Appellant/s : Mr. Sourendra Pandey, Advocate. For the Respondents-State: Mr. AC to AAG 4.

Patna High Court LPA No.839 of 2014 dt.25-07-2017 2/3 For the Private Respondents:Mr. Ajay Kumar Sharma, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 25-07-2017 Heard counsel for the appellants, counsel for the State and counsel for the private respondent.

Perused the order dated 26.07.2013 passed by the learned Single Judge, who has refused to interfere with the order of the Divisional Commissioner, Saran passed in Misc. Revision No. 111/1987-88, and agreeing with the Divisional Commissioner's observation that the nature of dispute being such, the only remedy available to the appellants would be to file a Civil Suit for declaration, may be possession, because on a re-reading of the order of the Divisional Commissioner, we are also convinced that the learned Single Judge has not committed any error since there is no clinching evidence based on which the Court can declare in favour of the appellants with regard to right, title and interest, which they are claiming on the basis of some kind of observation made in a consolidation proceeding whereas the record of rights maintained for a very very long time speaks otherwise.

Appeal has no merit. It is dismissed.

Patna High Court LPA No.839 of 2014 dt.25-07-2017 3/3 However, the liberty granted by the Divisional Commissioner and the learned Single Judge remains. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.07.2017 Transmission Date N/A