Nanda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10374 of 2017 ==================================================== Nanda Devi Wife of Dr. Suresh Prasad Singh, Resident of MohallaMundichak, Patal Babu Road, Police Station-Tilkamanjhi, DistrictBhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Registration, Government of Bihar, Patna.

2. The Inspector General of Registration, Department of Registration, Bihar Patna.

3. The District Magistrate-Cum-Collector, Bhagalpur

4. The Sub Registrar, Registration, Bhagalpur

5. The Deputy Collector, Land Reforms, Bhagalpur.

6. The Circle Officer, Sabour, Bhagalpur.

7. Dipak Kumar Singh Son of Late Ram Das Singh

8. Pravin Kumar Singh Son of Late Ram Das Singh Sl. No. 7 and 8 resident of Mohalla-Jichho, Police Station-Lodipur, Bhagalpur

9. Rajesh Rai Son of Suresh Prasad Rai

10. Ravi Kumar Rai S/o Naresh Prasad Rai

11. Rajiv Kumar Rai Sl. no. 9 to 11 resident of Village-Badi Ibrahimpur, Poice StationSabour, District-Bhagalpur.

12. Raghvansh Mani Son of late Ram Ratan Lakhisarai, DistrictLakhisarai .... .... Respondent/s ==================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Respondent/s : Mr. Mirtunjay Kumar, AC to AAG -6 ==================================================== == CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER

Patna High Court CWJC No.10374 of 2017 (2) dt.12-09-2017 2/3 12-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ application has been filed against the order dated 01.07.2016 passed by the Deputy Collector Land Reforms, Sabour in Mutation Appeal No. 82 of 2015-16. The petitioner in the present case seeks to challenge the sale deed which was entered by the vendor of the petitioner and it is alleged that the vendor had subsequently and fraudulently executed the sale deed though the name of the petitioner has been entered in the mutation record.

It appears from the impugned order dated 01.07.2016 that with regard to the same issue, the petitioner had already preferred Partion Suit No. 537 of 2015 before the Civil Court, Bhagalpur. In the said appeal before the D.C.L.R., the opposite party- Ram Das Singh (since deceased) who was the vendor of the petitioner has alleged that she being the daughter had fraudulently got a sale deed executed for which the said Ram Das Singh had filed a Title Suit No. 87 of 2016.

Considering the nature of the dispute between the parties, this Court is not inclined to interfere under Article 226 of the Constitution of India. Accordingly, the application stands dismissed.

Patna High Court CWJC No.10374 of 2017 (2) dt.12-09-2017 3/3 However, the petitioner, if so advised may take appropriate legal recourse.

(Anjana Mishra, J) Jagdish/- U