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Urmila Devi vs The State Of Bihar & Ors on 10 May, 2017

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Civil Writ Jurisdiction Case No.2854 of 2017
             ======================================================
             Urmila Devi
                                                                      .... ....   Petitioner
                                                  Versus
             The State of Bihar & Ors
                                                                    .... .... Respondents
             ======================================================
             Appearance :
             For the Petitioner/s    :       Mr. Naresh Prasad
             For the Respondent/s        :   Mr. Raj Kishore Roy, GP-18
             ======================================================
             CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
             SRIVASTAVA
             ORAL ORDER

2   10-05-2017

I.A. No. 1906 of 2017 has been filed on behalf of the petitioner praying therein to stay the further proceeding pending before the court below.

Learned counsel for the petitioner submits that respondent nos. 5 to 9 filed a petition under Section 16(3) of Bihar Land Ceiling Act against the gift deed executed in favour of the petitioner. The aforesaid petition filed under Section 16(3) of Ceiling Act was rejected by the Sub- divisional Officer, Maharajganj, Siwan vide order dated 17.10.1998 passed in Land Ceiling Case No. 4 and 5 of 1995-

96. The aforesaid order of Sub-divisional Officer was challenged in Pre-emption Appeal Nos. 286 and 287 of 1998-

99. The learned Collector allowed both the aforesaid appeals Patna High Court CWJC No.2854 of 2017 (2) dt.10-05-2017 2/3 and set aside the order of Sub-divisional Officer. However, the order of appellate court was challenged before the Board of Revenue in Revision Case Nos. 233 and 234 of 2002 but the Board of Revenue also dismissed both the revision cases passing order dated 28.03.2011 which was challenged before the Bihar Land Tribunal, Patna in B.L.T. Case Nos. 1316 of 2015 and 1326 of 2015 but unfortunately, petitioner could not succeed before the Bihar Land Tribunal also and thereafter, the Sub-divisional Officer passed order for execution of sale deed in favour of the respondents no. 5 to 9 without following the established procedure of the law and in execution of the aforesaid order, the Nazir got executed sale deed in favour of respondents no. 5 to 9 but failed to take possession of the lands in question. He further submits that as a matter of fact, the lands in question are in physical possession of the petitioner and, therefore, it is desirable that till pendency of this writ petition, possession of petitioner should not be disturbed.

Issue notice to private respondents no. 5 to 9 by both processes that is under speed post as well as ordinary process for which requisites etc. must be filed within two weeks from today.

3/3

List this matter for hearing on I.A. No. 1906 of 2017 after service report or after appearance of concerned private respondents, whichever is earlier.

However, in the meantime, the parties shall maintain status quo in respect of disputed lands till further order of this Court.

(Hemant Kumar Srivastava, J) SHAHZAD/-

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