IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.932 of 2008
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Uma Devi, wife of Sri Rajendra Prasad Gupta, resident of Mohalla Shankar
Saraiya Fateh Tola, Police Station Turkaulia, East Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar,
Patna
2. The Collector, East Champaran
3. The Sub-Divisional Officer, Sadar Motihari, District East Champaran
4. The District Sub-Registrar, Motihari, District East Champaran
5. Lalita Prasad Lalit, son of Late Binda Prasad
6. Amun Ranjan @ Amul Ranjan, son of Lalita Prasad Lalit
5 and 6 are resident of Mohalla Azad Nagar, Motihari, Police Station
Motihari Town, District East Champaran
7. Aruna Devi, wife of Raghaw Sharan Pandey, resident of village
mananpur, Police Station Govindganj. At present, mohalla Sri Krishna
Nagar, Police Station Motihari Town, District East Champaran
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.8112 of 2007
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1. Lalita Prasad Lalit, son of Late Binda Prasad
2. Amun Ranjan @ Amul Ranjan, son of Lalita Prasad Lalit
Both resident of Mohalla Azad Nagar Motihari, Police Station Motihari
Town, District East Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Old Secretariate,
Patna
2. The Collector, East Champaran, Motihari
3. The Sub Divisional Officer, Sadar Motihari, East Champaran
4. The District Sub-Registrar, Motihari East Champaran
5. Smt. Uma Devi, wife of Sri Rajendra Prasad Gupta, resident of
Shankar Saraiya Fateh Tola, Police Station Turkaulia, East
Champaran
6. Aruna Devi, wife of Raghaw Sharan Pandey, resident of village
mananpur, Police Station Govindganj. At present, mohalla Sri Krishna
Nagar, Police Station Motihari Town, District East Champaran
.... .... Respondent/s
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN)
2 Patna High Court CWJC No.932 of 2008 (5) dt.18-10-2011
2/3
5 18-10-2011 Heard Counsel for the parties.
These two writ applications are being disposed of by
this common order as the subject matter of these two writ
applications are common as they both relate to a shop and one
katha of land situated in Azad Nagar, Thana No. 105, Touzi No.
644, Ward No. 20, Holding No. 362, Jamabandi No. 1145.
Smt. Aruna Devi owns a house which has four
rooms, one of the rooms has been sold to the petitioner Uma
Devi. At present, the said shop is in the possession of Lalita
Prasad Lalit and Amun Ranjan @ Amul Ranjan, petitioners of
CWJC No. 8112 of 2007.
The case of Amun Ranjan @ Amul Ranjan is that he
had entered into an agreement and infact the document of
registration was prepared for sale of the said shop (perhaps lands
as well). However, Aruna Devi did not present herself before the
Sub-Registrar, as a result of which the sale deed could not be
executed. The petitioner Uma Devi, however, has a valid sale
deed in her favour.
Uma Devi is aggrieved by the fact that although the
Sub Divisional Officer, Motihari has asked the petitioners of
CWJC No. 8112 of 2007 to vacate the room, they are not taking
any steps in that direction. The petitioners of CWJC No. 8112 of
3 Patna High Court CWJC No.932 of 2008 (5) dt.18-10-2011
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2007, on the other hand, are aggrieved by the same order as
according to them, the Sub Divisional Officer has no authority to
pass an order of eviction. It is submitted that it may be done only
by the competent Civil Court.
In reply thereto, Counsel appearing on behalf of the
petitioner Uma Devi submits that it is an admitted fact that an
appeal has been filed before the Collector, numbered as 54 of
2005-06 against the order of the Sub-Registrar, Motihari which
is pending since a long time.
This Court directs that the appeal may be expedited
by the Collector, East Champaran, Motihari as that the matter
may be settled expeditiously. The concerned parties would also
have the liberty to file a suit for eviction before the competent
Civil Court.
These writ applications are disposed of with the
aforesaid observations and directions.
(Sheema Ali Khan, J)
Prabhakar Anand/-