Patna High Court - Orders
Ramawtar Yadav & Anr. vs The State Of Bihar & Anr. on 9 July, 2013
Author: Mandhata Singh
Bench: Mandhata Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17780 of 2011
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1. Ramawtar Yadav, S/o late Parmeshwar Yadav
2. Asha Devi, W/o Ramawtar Yadav
Both are the R/o Village - Jawaripur, P.S. Tilkamanjhi, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Md. Sakeeb Raeis, S/o Md. Raeis Khan, R/o Vill. Barahpura, P.S.
Ishakchak, District - Bhagalpur
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
ORAL ORDER
7 09-07-2013Heard learned counsel for the petitioners and learned counsel for the state.
This application is filed for quashing the order dated 24.12.2010 passed by the learned C.J.M., Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 462 of 2010.
Allegation is that petitioners agreed to sell four and half katha of land in favour of the complainant and one, Md. Rajee, executed a sale deed for part of agreed land, i.e. two and half katha. On request to sell rest of the land, complainant was asked to come with consideration money and deed of agreement. He went to the house of petitioners where his deed was given to his wife and the total consideration money to his children by the Patna High Court Cr.Misc. No.17780 of 2011 (7) dt.09-07-2013 2 petitioner. Assurance was given to execute the deed (sale deed) after coming to Registry Office but he never went there. Further, allegation is that the land which was sold in their favour was also cancelled and was sold earlier to some other persons. Selling of land to another earlier to the deed of complainant is denied. Cancellation is admitted but due to non-payment of consideration money advancing a legal position that no deed can be cancelled by executing another deed. Moreover, it is said that the land executed in favour of complainant and Md. Rajee was sold by them after filing of this case in favour of one Nitu Kumari.
Further, submission of learned counsel for the petitioners is that the allegation is, prima facie, malicious as once sale deed is executed for part of the land agreed to be sold and no reasoning is given for not transferring rest of the land without believable reason goes to show that the same was to the satisfaction of the parties, otherwise neither the sale deed is speaking about reason for non-execution of sale deed for rest of the land, nor agreement deed remained to speak about the reason if was given for part performance only. However, the land sold in favour of complainant is sold to one Nitu Kumari and the Title Suit is pending for grievance of the parties do not justify Patna High Court Cr.Misc. No.17780 of 2011 (7) dt.09-07-2013 3 continuation of the proceeding anymore. Land transferred in favour of the complainant was later sold in favour of Shashi Devi is not the allegation made in the complaint petition/information petition, so cannot be read here.
Accordingly, this quashing application is allowed. The order dated 24.12.2010 passed by the C.J.M., Bhagalpur is hereby quashed.
(Mandhata Singh, J.) Shail/-