Raju Baitha vs The State Of Bihar & Ors on 3 November, 2011

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CIVIL WRIT JURISDICTION CASE NO.7028 OF 2009
                  RAJU BAITHA, SON OF LATE DHENUKH BAITHA, VILLAGE
                  BELWA KHAS, POST OFFICE BELWA RAI, POLICE STATION
                  TURKULIYA, DISTRICT EAST CHAMPARAN, MOTIHARI
                                           VERSUS
                  1. THE STATE OF BIHAR
                  2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR,
                     PATNA
                  3. THE DISTRICT MAGISTRATE, EAST CHAMPARAN
                  4. THE SUB DIVISIONAL MAGISTRATE, TURKULIYA,
                     DISTRICT EAST CHAMPARAN
                  5. THE CIRCLE OFFICER, TURKULIYA, DISTRICT EAST
                     CHAMPARAN
                  6. RUMAN BAITHA, SON OF MUNSI BAITHA
                  7. DHUMAN BAITHA, SON OF MUNSI BAITHA
                  8. RAMAYAN BAITHA, SON OF MUNSI BAITHA
                  9. RAM CHANDRA BAITHA, SON OF LATE MANGANI
                     BAITHA
                  10.   SITA RAM BAITHA, SON OF LATE MANGANI
                     BAITHA
                  11.   SUKHI BAITHA, SON OF LATE MANGANI BAITHA
                  12.   RUKHI BAITHA, SON OF LATE MANGANI BAITHA
                  13.   NAGENDRA BAITHA, SON OF RUPAM BAITHA
                  14.   PUNYADEO BAITHA, SON OF LATE JHAGARU
                     BAITHA
                  15.   PRAMOD BAITHA, SON OF RAM CHANDRA BAITHA
                  6 TO 15 ARE RESIDENT OF VILLAGE BELWA RAI KHAS,
                  POLICE     STATION     TURKULIYA,  DISTRICT   EAST
                  CHAMPARAN
                                             *******

FOR THE PETITIONER :- MR. SHARDANAND MISHRA, ADVOCATE
MR. ALOK RANJAN, ADVOCATE
FOR THE S T A T E :- MR. DEVANAND KUMAR, G.A. 8
**********

3 03/11/2011 The petitioner is directed to file an application

before the Circle Officer, Turkuliya-respondent no. 5

along with a copy of the order of the Civil Court passed

in the title suit and the decree along with the order

sheet of the execution case.

It is the complaint of the petitioner that
2

although execution was effected after he was succeeded

in the title suit, his co-sharers are harassing him and

trying to dispossess him or not allowing him to cut the

paddy crops etc. although there is a partition.

The Circle Officer-respondent no. 5 should

issue notice to private respondents 6 to 15 and take all

steps in accordance with law to ensure that the

petitioner is able to get the benefit of the decree in his

favour.

The petitioner is directed to produce a copy of

this order before the Circle Officer-respondent no. 5

within a period of one month from today. The Circle

Officer-respondent no. 5 will issue notice within a

period of two weeks from the date of receipt/production

of a copy of this order.

This writ application is disposed of with the

aforesaid observations and directions.

Anand                                       ( Sheema Ali Khan, J.)