Patna High Court - Orders
Shankar Prasad Singh & Anr vs The State Of Bihar & Ors on 10 September, 2015
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.618 of 2012
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1. Shankar Prasad Singh S/O Late Nageshwar Singh, resident of Village:-
Jhitkanle, P.O. and Anchal-Meerapur, P.S.-Mainpur, District-Muzaffarpur
2. Jitendra Singh S/O Late Sakaldeep Singh, resident of Village:-Jhitkanle,
P.O. and Anchal-Meerapur, P.S.-Mainpur, District-Muzaffarpur
.... .... Petitioner/s
Versus
1. The State of Bihar through Collector, Muzaffarpur
2. The Collector, Muzaffarpur
3. The Additional Collector, Muzaffarpur
4. The Deputy Collector, Land Reforms, Muzaffarpur
5. Sri Yamuna Sah S/O Late Munshi Sah, resident of Village Sadatpur,
P.S.-Kanti, P.O.-Kathua, Pagmespur, Anchal-Kanti, District-Muzaffarpur
6. Sri Ramchandra Shani S/O Late Fugeshwar Sahi, resident of Village-
Harka, P.O.-Harka Mankurhi, Anchal Meenapur Yaswant, P.S.-Mainpur,
District-Muzaffarpur
7. Smt. Indrakala Devi W/O Sri Ramchandra Sahi, resident of Village-
Harka, P.O.-Harka Mankurhi, Anchal Meenapur Yaswant, P.S.-Mainpur,
District-Muzaffarpur
8. Kailash Sah S/O Late Bhadai Sah, resident of Village-Harkaha, P.S.-
Meenapur, District-Muzaffarpur
.... .... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Dhurendra Kumar, AC to GP 20
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
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4 10-09-2015The petitioner is aggrieved by order dated 28.09.2011 passed in Pre-emption Case No. 25 of 2009-2010 by the respondent DCLR East, Muzaffarpur, as contained in Annexure-1, whereby the petitioners were directed to produce documentary evidence in support of their claim that the gift deed, which was subject matter of consideration in the aforesaid pre-emption case, was forged and sham.
On the face of it, this Court finds that the present writ petition is completely misconceived and untenable at this stage as the impugned order dated 28.09.2011 is interlocutory in nature and Patna High Court CWJC No.618 of 2012 (4) dt.10-09-2015 2/2 pre-emption case filed on behalf of the petitioners is yet to be finally decided. Secondly, if the aforesaid pre-emption case is finally decided against the petitioners, then the petitioners will have an opportunity to challenge the said order before the appellate forum as also revisional forum.
The present writ petition is devoid of merit and is, accordingly, dismissed.
(Birendra Prasad Verma, J) Tahir/-
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