Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12592 of 2023 ====================================================== Pintu Kumar Son of Sri PS- Kailash Nath Keshari, Resident of Village and P.S. -Sikandra, District- Jamui ... ... Petitioner/s

Versus

1.

The state of Bihar Through the Principal Secretary, Registration Department, Government of Bihar, Patna.

2.

The Collector, Jamui.

3.

The Circle Officer, Jamui.

4.

The S.H.O., Sikandra, Jamui.

5.

Dr. Shambhu Nath Keshari, Son of Late Jagdish Sah alias Jagdish Prasad Keshari, Resident of Village- Bahadurganj Bazar Sikandra, Police StationSikandra, District-Jamui. 6.

Prashant Sinha, Son of Muneshwar Prasad Sinha, Resident of Village/Mohalla-Sikandra, Police Station- Sikandra, District-Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Manish Kumar, Advocate Mr. Rohit Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-12-2023 Heard the parties.

2. The following prayer has been made in the writ petition:

"That this application is being filed for issuance of order/orders, direction/directions to the respondents in the nature of writ of mandamus for setting aside/cancelling the sale deed No. 5701 dated 22.05.2023 executed by the respondent no. 5 in favour of respondent no. 6, whereby and where under the said sale deed has been registered without cancelling the petitioner's sale deed which has been executed by the real owner from his own share and on the basis of the said

Patna High Court CWJC No.12592 of 2023(2) dt.08-12-2023 2/2 subsequent sale deed (under challenge), the petitioner is being dispossessed by using illegal means forcibly to evacuate trying to demolition the petitioner's house."

3. This writ application is being disposed of with liberty to the petitioner to file a title suit for cancellation of a sale deed in question. The petitioner is also given liberty to file an injunction petition. If the title suit and injunction petition are filed within one month from today then the SHO, Sikandra, Jamui will see to it that the possession of the petitioner is not disturbed by anyone till the disposal of the injunction petition.

4. Accordingly, this application stands disposed of. (Sandeep Kumar, J) P. Kumar U