Pratima Kumar @ Pratima Devi @ Pratima Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11095 of 2013 Along with Interlocutory Application No. 9163 of 2016 ====================================================== Pratima Kumar @ Pratima Devi @ Pratima Kumari, Wife of Ashok Kumar Singh, Daughter of Late Shiv Shankar Singh, Resident of Kutchery Road, Ward No. 19, At, P.S. and District Begusarai, at present residing at Mandiri, Kath Pool, BSNL Tower Building, P.S. Budha Colony, City and District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar - through Principal Secretary, Land Reforms Department, Government of Bihar, Patna
2. The District Magistrate, Begusarai
3. The Collector Land Acquisition Officer, Begusarai
4. The Sub-Divisional Officer, Begusarai
5. The Land Reforms Deputy Collector, Begusarai
6. Circle Officer, Matihani Block, District Begusarai
7. Rajesh Kumar
8. Dinesh Kumar
9. Kamlesh Kumar
10. Mukesh Kumar Private Respondent Nos. 7 to 10 are the sons of Late Shiv Shankar Prasad Singh, Resident of Kutchery Road, Ward No. 19, P.S. and District Begusarai.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Nikesh, Advocate.
Mr. Ranjeet Choubey, Advocate.
For the State :
Mr. Anirban Kundu, Sc-24 Mr. Pritish Kumar Lal, AC to SC-24 For the Resp. Nos. 7-10:
Mr. Saroj Kumar Sharma, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 06-12-2016 Re.: Interlocutory Application No. 9163 of 2016 Heard learned counsel for the parties.
The present Interlocutory Application has been filed jointly by the petitioner and the respondents no. 7 to 10 stating that they have compromised not to pursue the matter against the order dated 01.05.2007 passed by the Permanent Lok Adalat, Begusarai
Patna High Court CWJC No.11095 of 2013 (3) dt.06-12-2016 2/3 in P.L.A 59 of 2007 and have also agreed to compromise all civil cases and any other dispute, which is/are pending in the court below or anywhere inter se between the parties. The writ application having been filed, basically, against the order of the Permanent Lok Adalat in P.L.A. 59 of 2007 dated 01.05.2007 and the connected reliefs, in view of the Interlocutory Application filed, which has been affirmed by the petitioner as well as respondents no. 7 to 10, the writ application as well as the Interlocutory Application stand disposed off in terms of the compromise between the parties, which is recorded hereinbelow:
"3. That the compromise has been arrived at out of free will of the parties on the following terms: i.
That the Respondent No. 7 to 10 who are own brothers of the petitioner shall pay a sum of Rs. 12,00,000/- (Twelve Lakh only) to the Petitioner as full and final consideration for her each and every claim in her ancestral and parentage property. ii.
That as per the condition mentioned above the respondent no. 7 to 10 are giving post dated cheque bearing no.
A. 155487 dated 07.02.2017 of S.B.I. Hasanpur Branch, Begusarai, amounting to Rs.
3,00,000(Rupees Three Lakh).
B. 842737 dated 07.02.2017 of S.B.I. Hasanpur Branch, Begusarai, amounting to Rs. 3,00,000 (Rupees Three Lakhs) C. 956538 dated 07.02.2017 of Hasanpur
Patna High Court CWJC No.11095 of 2013 (3) dt.06-12-2016 3/3 Branch, Begusarai, amounting to Rs. 3,00,000 (Rupees Three Lakhs) D. 956605 dated 07.02.2017 of Punjab National Bank, Begusarai, amounting to Rs.
3,00,000/- (Rupees Three Lakh).
iii.
That it is stated and submitted that if the amount which were given by the respondent no. 7 to 10 as a consideration of the compromise has not bee received in due time then the compromise is not binding on the petitioner and she can sue before this Hon'ble Court or any other court by filing civil and criminal cases for her legitimate grievance.
iv.
That the petitioner Pratima Kumar @ Pratima Devi assured and undertakes that after receiving of the aforesaid amount herself or any of her legal heirs or heirs, representatives and successors shall not at all ever-ever claim any right, title in any moveable or immoveable properties of her ancestor or parents ever in future.
4. That both parties have also agreed to compromise all civil cases and any other dispute which is/are pending in the learned court below or any where inter-se between the said parties.
5. That both parties have further agreed that the order passed in the present case would be produced in the learned court below for disposal of the same in accordance with law."
(Ahsanuddin Amanullah, J) Sujit/- U