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Patna High CourtCR. MISC./27421/2015allowed

Mokhtar Alam v. The State Of Bihar And ORS

2023-02-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27421 of 2015 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Mokhtar Alam S/o Mahboob Alam Resident of Village fDharamparsa P.s Majagarh, District Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Abdul Kayum 3.

Md. Yunus Both are Son of Sheikh Gulamuddin. Both resident of VillageDharamparsa, P.s Majagarh,District Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Tarun Pd.Mandal app For the Opposite Party No. 2 and 3 : Md. Sufiyan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-02-2023 Heard the parties.

This application has been filed for quashing the impugned order dated 28.02.2015 passed by the learned SubDivisional Magistrate, Gopalganj in Case No. 834 of 2013. One title suit No. 282 of 2013 is pending between the parties for the subject matter in the present dispute. The impugned order has been passed against the law laid down by the Hon'ble Apex Court in this regard.

In view of the aforesaid facts, this application is allowed.

Patna High Court CR. MISC. No.27421 of 2015(3) dt.15-02-2023 2/2 The parties may raise their grievances and file appropriate application in the pending title suit as and when adviced.

(Sandeep Kumar, J) Vikas/Shishir U