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Patna High CourtCWJC/642/2024disposed

Anita Devi @ Pushpa Singh v. The State Of Bihar

2024-05-02Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.642 of 2024 ====================================================== 1.

Anita Devi @ Pushpa Singh Wife of Ram Pravesh Singh, Resident of Village - Ghutia, P.O. - Suia, P.S. - Katoriya, Anchal - Chandan, District - Banka.

2.

Rashmi Singh, Wife of Manish Kumar Singh, Resident of Village - Ghutia, P.O. - Suia, P.S. - Katoriya, Anchal - Chandan, District - Banka. 3.

Sheetal Kumari @ Sheetal Singh, Wife of Rahul Singh, Resident of Village - Ghutia, P.O. - Suia, P.S. - Katoriya, Anchal - Chandan, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna. 3.

The District Magistrate, Banka, District - Banka. 4.

The Superintendent of Police, Banka, District - Banka. 5.

The Sub-Divisional Officer, Banka.

6.

The Deputy Commissioner of Land Reforms, X 7.

The Circle Officer, Chandan, District - Banka. 8.

The Officer-in-charge, Chandan P.S., District - Banka. 9.

Gopal Yadav, Son of Baiju Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 10.

Kuldip Yadav, Son of Tejo Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 11.

Budhu Yadav, Son of Late Jharu Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 12.

Mallu Yadav, son of Late Anandi Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 13.

Birendra Yadav, Son of Late Laxman Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 14.

Bahadur Yadav, Son of Late Bhim Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 15.

Nathan Yadav, Son of Late Bhim Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. 16.

Pintu Yadav, Son of Late Bhim Yadav, Resident of Village - Garuwa, P.O. and P.S. - Suia, C.O. - Chandan, District - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Omkar Kumar, Advocate Mr. Nawal Kishor Singh, Advocate For the Respondent/s :

Mr. Standing Counsel (12) ======================================================

Patna High Court CWJC No.642 of 2024(2) dt.02-05-2024 2/3 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner.

2. The present writ petition has been preferred for: issuance of an appropriate writ(s), order(s), commanding the Respondents authorities (Respondent No.1 to 8) to take strict action against Respondent Nos. 9 to 16, who are obstructing and creating hindrance in peaceful possession of the property and enjoying the fruits of the properties, which have been purchased by the petitioners through registered sale deeds bearing Deed no.17623, dated 20.11.2018, Book no.1, Zild no.241, pages 274 to 280, CD-38 appertaining to Khata No.157, Khesara no.1985, Thana no.108/16, Area 14 decimal, Mauza- Tonapathar, TolaGaruwa, Thana-Katoria, now Suiya, AnchalChandan, District-Banka and Deed no.738 dated 18.01.2019, Book no.1, Zild no.10, pages 334 to 341, CD 2 appertaining to Khata no.157, Khesara No.1985 and 1918, area 47 decimals, MauzaTonapathar, Tola- Garuwa, Thana- Katoria now Suia, Thana no.108/16, Anchal- Chandan, DistrictBanka.

3. A perusal of the averment made in the writ petition would show that it is a dispute between the petitioner and the private respondents.

Patna High Court CWJC No.642 of 2024(2) dt.02-05-2024 3/3

4. Learned counsel for the petitioner submits that Title Suit No. 296 of 2022 preferred by the other side already stands dismissed.

5. In that background, he seeks liberty to appear before the appropriate authority/Sub Divisional Magistrate, Banka so that he is able to have his fruits on the land which he has purchased.

6. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U