Pratima Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6136 of 2017 ====================================================== Pratima Kumari Wife of Manoj Kumar, Resident of Village- Kala- Tola, Police Station- Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2.

The District Magistrate, Bhagalpur.

3.

The Bihar State Food and Civil Supplies Corporation, through its Chairman. null null 4.

The Chairman, Bihar State Food and Civil Supplies Corporation Limited. 5.

The District Certificate Officer, Bhagalpur.

6.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Yadav, Advocate For the State :

Mr. Manoj Kumar, A.C. to G.P.-4 For the B.S.F.C.

:

Mr. Shailendra Kumar Singh, Advocate Mr. Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present petition has been filed for the following reliefs:- (i) For issuance of an appropriate writ order /direction to the respondent specially the respondent no. 6 to release the original copy of sale deed no. 13.11.2007 executed by 12936 dated one Vidya Nand Singh in favour of petitioner with

Patna High Court CWJC No.6136 of 2017(5) dt.10-02-2025 2/3 respect to lands of Khata No. 713 Plot No. 1671 and Khata No. 426 Plot No. 1670 total area 25.468 Decimal as the petitioner has been coming in peaceful ownership of the aforesaid piece of land of Mauza-Nawada, Police Station Sultanganj, District Bhagalpur since the date of execution of sale deed aforesaid.

(ii) For issuance of an appropriate writ / order / direction to declaring that withheldment merit aforesaid original copy of the sale deed under the custody of respondent no. 6 on the basis of Certificate Case No. 06 of 2014-2015 is illegal and without jurisdiction as the petitioner has been found no concern with respect to the demand of Certificate Case No. 6 of 2014-2015 and petitioner has been found without any liability with respect to the demand of Certificate Case No. 6 of 2014-2015 pending before respondent no. 5.

(iii) For issuance of an appropriate writ / order / direction granting any other relief or reliefs for which the petitioner is found entitled.

3. The grievance of the petitioner is that her sale-deed

Patna High Court CWJC No.6136 of 2017(5) dt.10-02-2025 3/3 is in possession of Respondent No. 6 who is not releasing the same in favour of the petitioner. He also submits that Abhay Kumar Singh who is defaulter and failed to deposit money and who is liable for payment of money to B.S.F.C. has created a forged Sub-lease stating that it is executed by the petitioner in favour of said Abhay Kumar Singh.

4. On the other hand, it has been submitted by the learned Counsel for the State that the petitioner in her legal notice has admitted the fact that she also agreed and executed unregistered deed of Sub-lease dated 20.11.2011.

5. Be that as it may, this fact can only be decided by taking the recourse of Civil Court of competent jurisdiction. The petitioner may, if so advised, raise his grievance before the appropriate forum.

6. With these observation(s), the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U