Ram Chandra Sah vs The State Of Bihar & Ors on 23 August, 2018

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Patna High Court - Orders

Ram Chandra Sah vs The State Of Bihar & Ors on 23 August, 2018

Bench: Rajeev Ranjan Prasad

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Miscellaneous Jurisdiction Case No.1790 of 2016
             ======================================================
             Ram Chandra Sah, son of Late Sundar Sah, resident of Barahpathar, Ward
             No. 15, P.S. - Town Thana, District - Samastipur.
                                                                      .... .... Petitioner
                                               Versus
             1. The State of Bihar
             2. Pranav Kumar, D.M. Samastipur.
             3. Pranav Kumar, D.M. Samstipur as in Charge of A.D.M. Jan Shikayat
                Koshang, Samastipur.
             4. K.D. Projjwal, the Sub-Divisional Officer, Samastipur.
             5. Sameer Kumar Shard, Circle Officer, Samastipur.
             6. Mahendra Pandit, Circle Inspector, Samastipur.
                                                                   .... .... Respondents
             ======================================================
             Appearance :
             For the Petitioner/s    : Ms. Ranjana Pathak, Advocate
             For the Respondent/s     : Mr. Kumar Manish, S.C.5
             ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                 ORAL ORDER

3.   23-08-2018

After going through the order dated 27.12.2014 as contained in Annexure-A to the show cause filed on behalf of the opposite party Nos. 2 & 4, this court finds that a dispute between the petitioner and the purchasers from the brother of the petitioner with respect to the land in question is going on in a proceeding under Section 147 Cr.P.C.

While disposing of the writ application, the learned writ court has taken note of the submissions on behalf of the State wherein the court was informed that the State-respondents have not demolished any portion of the courtyard. The writ court also noticed that there is internal feud between the petitioner and other persons and a suit was Patna High Court MJC No.1790 of 2016 (4) dt.23-08-2018 2 also filed in this respect. In the facts of the case the court only directed the Collector, Samastipur to enquire into the matter as to whether the petitioners have encroached public land and whether the respondents have demolished any structure situated on their raiyati land. The enquiry report vide Annexure-A to the show cause shows that the land in question is not a public land but the same is claimed by the purchasers of the brother of the petitioner as 'Rasta' and nothing has been brought on record to show that the respondents have demolished any structure situated on the raiyati land. Since the nature of the land itself is in dispute in 147 Cr.P.C. proceeding, in the opinion of this court, no contempt is made out.

This application is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/-

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Patna High Court - Orders