Nirmala Jha vs The State Of Bihar & Ors on 18 June, 2013

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Patna High Court - Orders

Nirmala Jha vs The State Of Bihar & Ors on 18 June, 2013

Bench: Ajay Kumar Tripathi

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No. 5037 of 2011
              ======================================================
              Nirmala Jha, wife of Shri Surendra Narayan Jha, resident of village -
              Kaithiniya, Post - Kaithiniya, P.S. R.S. Camp, Anchal - Lakhnaur, District -
              Madhubani
                                                                      .... .... Petitioner/s
                                                  Versus
              1. The State Of Bihar through Collector, Madhubani
              2. The Director General of Police, Old Secretariat, Patna
              3. The Superintendent of Police, Madhubani
              4. The Deputy Superintendent of Police, Jhanjharpur
              5. The Officer-in-Charge, Police Station - R.S. Sibir, Jhanjharpur, District -
                  Madhubani
                                                                    .... .... Respondent/s
              ======================================================
              Appearance :
              For the Petitioner/s      :    Mr. Srinandan Prasad Singh, Advocate
              For the Respondent/s        : Mr. Anjani Kumar Aag10
              ======================================================
              CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
              ORAL ORDER
                                            ***************

06.   18.06.2013

Heard learned counsel for the petitioner and the counsel appearing for the State.

In terms of the direction passed by this Court, the Superintendent of Police, Madhubani has now filed a supplementary counter affidavit. After having a look at the said counter affidavit and the corresponding Annexures, annexed thereto, the Court finds certain difficulties in passing a clear and categorical Order for implementation or execution of the order of the House Controller, contained in Annexure-1.

The Court intentionally would not like to record any aspect of the dispute or assertion made at the Bar on behalf of the petitioner, since a title suit has already Patna High Court CWJC No.5037 of 2011 (6) dt.18-06-2013 2/2 been filed by the petitioner before the Court of Sub- Judge, which is pending adjudication and has been registered as Title Suit No. 11 of 2005.

Since there is over-lapping dispute over plot and land, which would be required to be decided by the said Civil Court of Sub-Judge, Jhanjharpur, the petitioner has freedom to either pursue the title suit for taking it to its logical end or invoke the law within the BBC Act for execution of the order, contained in Annexure-1. The choice is of the petitioner.

Writ application is otherwise dismissed with liberty as above.

(Ajay Kumar Tripathi, J.) SKM/-

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Patna High Court - Orders