Shakuntla Devi @ Shakuntal Devi v. The State of Bihar
Case at a glance
Outcome
Disposed of
The writ petition stands disposed of with the liberty,
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. The writ petition stands disposed of with the liberty, aforesaid. annpurna/- U (Harish Kumar, J)
Judgment
Praduman Singh, S/o Late Parmanand Singh @ Indradeo Singh, R/o Village- Habsapur, P.S.-Paliganj, District-Patna.
Sunil Kumar, S/o Late Ganga Dayal Singh, R/o Village-Habsapur, P.S.- Paliganj, District-Patna.
Narayan Kumar, S/o Late Ganga Dayal Singh, R/o Village-Habsapur, P.S.- Paliganj, District-Patna.
Kusum Kunwar, W/o Late Muneshwar Singh, R/o Village-Habsapur, P.S.- Paliganj, District-Patna.
Ranjeet Kumar, S/o Late Muneshwar Singh, R/o Village-Habsapur, P.S.- Paliganj, District-Patna.
Ashok Kumar, S/o Late Muneshwar Singh, R/o Village-Habsapur, P.S.- Paliganj, District-Patna. ... ... Respondent/s
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Diwakar, Adv. Mr. Madhav Prasad Yadav, G.P. 23 : : ORAL ORDER 2 18-07-2024 Heard Mr. Diwakar, learned counsel for the petitioner and Mr. Madhav Prasad Yadav G.P. 23 for the State. Patna High Court CWJC No.10635 of 2024(2) dt.18-07-2024
The petitioner is aggrieved by the order dated
25.06.2024 passed by the respondent No. 4 whereby without considering the fact that the land in question is a raiyati land upon which Title Suit No. 81 of 2023 is running between the parties in dispute, has directed for removal of the erected wall upon the disputed land in order to construct the village road.
Referring to the impugned order learned counsel for the petitioner vigorously contended that the person who are parties to the title suit in order to defeat the claim of the petitioner have given consent for removal of the wall erected over the disputed land; irrespective of the fact that matter is sub judice before the Civil Court of Competent Jurisdiction where the petitioner has been bona fide pursuing his remedy. The respondent State officials, malafidely went upon to encroach upon the land of the petitioner.
Learned advocate for the State advanced his submission in support of the impugned order.
Considering the fact that the matter is sub judice before the Civil Court of Competent Jurisdiction in Title Suit No. 81 of 2023, the petitioner has the remedy to get an order of injunction, if he is aggrieved by the action of the State or any private party. This Court does not find any occasion to invoke Patna High Court CWJC No.10635 of 2024(2) dt.18-07-2024 the jurisdiction of this Court under Article 226 of the Constitution of India.
Operative part
The writ petition stands disposed of with the liberty, aforesaid. annpurna/- U (Harish Kumar, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of with the liberty,
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.