Shanti Devi Vs. the State of Bihar and ors

Shanti Devi vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 12, 2012

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Citation: sooperkanoon.com/974663
Court: Patna High Court
Decided On: May 12, 2012
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Shanti Devi

Respondent

The State of Bihar and ors

Excerpt

.....naresh mandal, r/o village- simarbani, police station- bhargama, district- araria.6. sanjeet mandal, s/o late naresh mandal, r/o village- simarbani, police station- bhargama, district- araria.7. ranjeet mandal, s/o late naresh mandal, r/o village- simarbani, police station- bhargama, district- araria. .... .... respondents. =====================================================”12. 01-2012 this writ application has been filed by the petitioner challenging the order 07.02.2006 passed by the collector, araria (respondent no. 2), in mutation revision case no. 28/2003- 2004/ 151/2004-05 and order dated 27.03.1993 passed by the circle officer, forbesganj (respondent no.4) in mutation case no. 1047/1992-93. the petitioner sought mutation of his name on the basis of sale deed executed on 27.11.1998 by rakhal krishna sarkar. mr. rakhal krishna sarkar was an auction purchaser. after purchase of the property in auction, mr. sarkar has moved an application for mutation before the consolidation court as the consolidation operation is going on. the application is pending for decision on merit before the consolidation officer, bhargama, araria. the petitioner is vendee of mr. sarkar, therefore, doctrine of lis pendens will apply. it is open for the petitioner to move an application for mutation in place of mr. sarkar on the basis of sale deed executed by mr. sarkar in favour of the petitioner to avoid the multiplicity of the litigation. with the above observation, this application is disposed of. with regard to possession of disputed land, the parties shall maintain status quo, as is existing today. (prakash chandra verma, j) bhardwaj/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.517 of 2012 ====================================================== Shanti Devi, W/O Sri Jagdish Prasad Bhagat, R/O Village- Simarbani, Police Station- Bhargama, District- Araria. .... .... Petitioner. Versus 1. The State of Bihar.

2. The Collector, Araria.

3. The Deputy Collector, Land Reforms, Forbesganj, District- Araria.

4. The Circle Officer, Forbesganj, District- Araria.

5. Gopal Mandal, S/O Late Naresh Mandal, R/O Village- Simarbani, Police Station- Bhargama, District- Araria.

6. Sanjeet Mandal, S/O Late Naresh Mandal, R/O Village- Simarbani, Police Station- Bhargama, District- Araria.

7. Ranjeet Mandal, S/O Late Naresh Mandal, R/O Village- Simarbani, Police Station- Bhargama, District- Araria. .... .... Respondents. =====================================================”

12. 01-2012 This writ application has been filed by the petitioner challenging the order 07.02.2006 passed by the Collector, Araria (Respondent No. 2), in Mutation Revision Case No. 28/2003- 2004/ 151/2004-05 and order dated 27.03.1993 passed by the Circle Officer, Forbesganj (Respondent no.

4) in Mutation Case No. 1047/1992-93. The petitioner sought mutation of his name on the basis of sale deed executed on 27.11.1998 by Rakhal Krishna Sarkar. Mr. Rakhal Krishna Sarkar was an auction purchaser. After purchase of the property in auction, Mr. Sarkar has moved an application for mutation before the consolidation court as the consolidation operation is going on. The application is pending for decision on merit before the Consolidation Officer, Bhargama, Araria. The petitioner is vendee of Mr. Sarkar, therefore, doctrine of lis pendens will apply. It is open for the petitioner to move an application for mutation in place of Mr. Sarkar on the basis of sale deed executed by Mr. Sarkar in favour of the petitioner to avoid the multiplicity of the litigation. With the above observation, this application is disposed of. With regard to possession of disputed land, the parties shall maintain status quo, as is existing today. (Prakash Chandra Verma, J) Bhardwaj/-

Same Court & Year Patna · 2012 Same Parties Shanti Devi vs The State of Bihar and ors Same Subject Right to Information