Patna High Court - Orders
Most.Urmila Devi vs The State Of Bihar & Ors on 16 March, 2012
Bench: Chief Justice, Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 265 of 2012
In
Civil Writ Jurisdiction Case No. 6841 of 2011
With
Interlocutory Application No. 1599 of 2012
In
Letters Patent Appeal No. 265 of 2012.
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Most. Urmila Devi, W/o Late Ram Babu Gupta @ Chheta Lal Gupta, D/o
Late Raju Sao, R/o Purab Darwaja, Zarda Store, Police Station - Malsalami,
District - Patna (Bihar)
.... .... Petitioner - Appellant
Versus
1. The State of Bihar through Commissioner-Cum-Special Secretary,
Department of Revenue, Government of Bihar, Old Secretariat, Belli Road,
Patna, Bihar
2. The Collector, Patna
3. The Additional Collector, Patna
4. Sub-Divisional Officer-Cum-Deputy Collector, Land Reforms, Patna
City, District-Patna
5. Anchal Adhikari, Patna Sadar ......... Respondents 1st Set
6. Jagdish Prasad, S/o Late Mewa Lal Yadav, R/o Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
7. Rajeshwar Prasad, S/o Late Mewa Lal Yadav, R/o Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
8. Jai Yadav S/O Late Ram Lakhan Yadav R/O Naya Tola, Kumhrar, Police
Station- Agam Kuwan, District-Patna
9. Ramji Prasad S/O Late Ram Lakhan Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
10. Lal Babu Yadav S/O Late Ram Lakhan Yadav R/O Naya Tola,
Kumhrar, Police Station- Agam Kuwan, District-Patna
11. Vijay Yadav S/O Late Ram Lakhan Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
12. Binod Kumar S/O Late Shyam Narain Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
13. Pramod Kumar S/O Late Shyam Narain Yadav R/O Naya Tola,
Kumhrar, Police Station- Agam Kuwan, District-Patna
2 Patna High Court LPA No.265 of 2012 (3) dt.16-03-2012
2/4
14. Vinay Kumar S/O Late Raj Kishore Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
15. Manoj Kumar S/O Late Raj Kishore Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
16. Sanjay Kumar S/O Late Raj Kishore Yadav R/O Naya Tola, Kumhrar,
Police Station- Agam Kuwan, District-Patna
17. Sunaina Devi W/O Balmukund Upadhyay R/O Village- Aastha, Police
Station- Chandi, District- Nalanda
18. Bhupendra Singh S/O Ramjee Singh R/O Ramlila Mathia, Police
Station- Bhagwanpur, District- Chapra (Bihar)
19. Dhananjay Kumar Singh, Secretary, Chetnalay Sahkari Grih Nirman
Samiti Ltd., Kankarbag, Patna
20. Jagdish Mishra, the then Secretary, Chetnalay Sahkari Grih Nirman
Samiti Ltd., Kankarbag, Patna
21. Chiranjita Sinha W/O Surya Kant Kumar Nirala R/O Village- Rupali,
Police Station- Fatuha, District -Patna
22. Dr. Suresh Kumar Sharma S/O Not Known R/O Village-Bela Katua,
District- Saran
.... .... Respondents 2nd Set / Respondents 2nd Set.
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Appearance :
For the Appellant/s : Mr. Dhrub Narayan, Sr. Advocate and
Mr. Jitendra Prasad Singh, Advocate.
For the Respondent/s : -----
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 16-03-2012Re. Interlocutory Application No. 1599 of 2012.
The delay of 216 days occurred in filing the Letters Patent Appeal is condoned.
Interlocutory Application stands disposed of.
3 Patna High Court LPA No.265 of 2012 (3) dt.16-03-2012 3/4Re. Letters Patent Appeal No. 265 of 2012. Feeling aggrieved by the judgment and order dated 19th April 2011 passed by the learned single Judge in CWJC No. 6841 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.
The matter at dispute is the title of the appellant. The disputed parcels of land are now standing in the names of the respondent nos. 6 to 22. The appellant claims that the said parcels of land were originally of the ownership of her great grand father one Ratan Sah. The appellant being the only heir of the aforesaid Ratan Sah, she is the owner of the disputed parcels of land. The revenue authorities have, in violation of the provisions of the law, illegally and for extraneous consideration made mutation entries in the revenue records in the names of the respondent nos. 6 to
22. The appellant challenged the said mutation entries and the transfer made in favour of the respondent nos. 6 to 22 in the above CWJC No. 6841 of 2011. The learned single judge has held that the only appropriate remedy available for the writ petitioner would be before the Civil Court of competent jurisdiction. Therefore, this Appeal.
Learned counsel Mr. Dhrub Narain has appeared for the appellant. He has submitted that the mutation entries in favour of the respondent nos. 6 to 22 have been made in violation of the provisions contained in the Bihar Tenants Holdings (Maintenance of Records) Act, 1973.
Be that as it may, the matter involves disputed questions of fact of the ownership of the appellant and the validity of the transfers made in favour of the respondent nos. 6 4 Patna High Court LPA No.265 of 2012 (3) dt.16-03-2012 4/4 to 22. The only appropriate remedy, as held by the learned single Judge, shall be before the Civil Court of competent jurisdiction.
No case for interference is made out.
Appeal is dismissed in limine.
(R.M. Doshit, CJ) (Birendra Prasad Verma, J) Dilip.