Shyam Bihari Singh vs The State Of Bihar on 21 April, 2022

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Patna High Court - Orders

Shyam Bihari Singh vs The State Of Bihar on 21 April, 2022

Bench: Partha Sarthy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11476 of 2021
                                Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
                 ======================================================
           1.     SHYAM BIHARI SINGH S/o Late Mahaveer Singh Resident of Village-
                  Jamuara, P.S.-Suryapura, District-Rohtas.
           2.    Krishna Bihari Singh S/o Late Mahaveer Singh Resident of Village-Jamuara,
                 P.S.-Suryapura, District-Rohtas.
           3.    Om Prakash Singh S/o Late Mahaveer Singh Resident of Village-Jamuara,
                 P.S.-Suryapura, District-Rohtas.
           4.    Chitranjan Singh @ Chitranjan Kumar Singh S/o Late Mahaveer Singh
                 Resident of Village-Jamuara, P.S.-Suryapura, District-Rohtas.
           5.    Niranjan Singh S/o Late Mahaveer Singh Resident of Village-Jamuara, P.S.-
                 Suryapura, District-Rohtas.

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Awadh Bihari Singh S/o Late Ram Prasad Singh Resident of Village-
                 Jamuara, P.S.-Suryapura, District-Rohtas.
           3.    Shivji Singh S/o Late Ram Prasad Singh Resident of Village-Jamuara, P.S.-
                 Suryapura, District-Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajani Kant Singh, Adv.
                 For the Opposite Party/s :         Mr. Narshingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   21-04-2022

Heard learned counsel for the petitioners and learned counsel for the State.

It is submitted by learned counsel for the petitioners that without hearing the petitioners, by the impugned order dated 4.7.2017, the learned Sub Divisional Magistrate, Bikramganj has been pleased to attach the disputed land under section 146(i) Cr.P.C. and appointed the Circle Officer, Patna High Court CR. MISC. No.11476 of 2021(2) dt.21-04-2022 2/2 Suryapura as receiver under section 162 Cr.P.C., although the lands are subject matter of Title Suit No.185 of 2016 pending in the Court of learned Sub Judge-I, Bikramganj, Rohtas. Referring to the copy of the plaint of the suit it is submitted that while the opposite party nos.2 and 3 are the plaintiff no.1 and defendant no.18 in the suit, the petitioners are the defendants 1 st party.

Issue notice to the opposite party nos. 2 and 3 both under the ordinary process as well as speed post with A/D for which requisites etc. be filed by the petitioners within three weeks, failing which this application as against the concerned opposite parties shall stand rejected without further reference to the Bench.

Put up this case after service of notice or on appearance of opposite party nos.2 and 3, whichever is earlier.

During pendency of this application, the operation of the impugned order dated 4.7.2017 passed in Case no. 441 of 2016 by the learned Sub Divisional Magistrate, Bikramganj, District Rohtas shall remain stayed.

(Partha Sarthy, J) Bibhash/-

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Patna High Court - Orders