The State Of Bihar Through Collector, Nalanda And ORS. v. Dr. Rajiv Ranjan Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.662 of 2013 ===========================================================
1. The State of Bihar through Collector, Nalanda.
2. The Collector, Nalanda
3. The Additional Collector, Nalanda.
4. The Anchal Adhikari, Anchal Officer, Rajgir, P.O+ P.S- Rajgir, DistrictNalanda. .... .... Appellant/s
Versus
Dr. Rajiv Ranjan Sinha S/o Late Prem Kumar Sinha, Resident of Jyoti Niketan Buddh Marg, Police Station- Kotwali, District- Patna. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Neeraj Kumar For the Respondent/s : Mr. S.S. Dwivedi, Sr. Adv. Mr. Ranjan Kr. Dubey Mr. Sangeeta Sharma Mr. Rakesh Chandra =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-11-2015 Heard learned counsel for the appellants and learned counsel for the respondent.
The matter is related to the land appertaining to Khata No. 33, Plot No. 5092, Area 183⁄4 decimals which the respondent is claiming to have obtained through a registered sale deed whereas the State has claimed that it is not a private land of the respondent rather entry has been made as a Gair Mazarua Malik Land and as such, he does not have any right and title over the land in dispute. It further appears that the respondent has already constructed a Hotel in the name and style of Sidhrath which is standing on some
Patna High Court MA No.662 of 2013 dt.26-11-2015 2/2 proportion of the suit land.
This Court is not giving any opinion on the merit of the case, but looking to the facts and circumstances that already a Hotel is standing and running in certain portion of the land in dispute, this Court finds that the court below has considered every aspect of the matter and arrived to a conclusion that the respondent has satisfied three ingredients granting injunction and thereby allowed the same. Looking to the facts and circumstance of the case, this Court does not find any merit in this appeal, accordingly, the same is dismissed.
(Shivaji Pandey, J) Mahesh/- U