Kuber Singh vs The State Of Jharkhand And Others
2023 Latest Caselaw 455 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P. (C) No. 1581 of 2008

                   Kuber Singh                                     ...      ...      Petitioner
                                          Versus
                 The State of Jharkhand and others    ...       ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Kundan Kumar Ambastha, Advocate For the Respondents : Mr. Krishna Shankar, Advocate

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16/25.01.2023 Learned counsel for the parties are present.

2. Learned counsel for the petitioner submits that amended writ petition has been filed in the present case vide affidavit dated 30.03.2022. Learned counsel for the petitioner has submitted that a short question is involved in the present case. He submits that the petitioner is in possession of the property by virtue of registered sale deed and even the vendor of the petitioner had purchased the property through registered sale deed as back as in the year 1969 and complicated questions of title cannot be adjudicated in summary proceedings under Bihar Public Land Encroachment Act. Learned counsel has also submitted that counter affidavit has already been filed in the instant case stating that the matter relates to title dispute and the petitioner has a remedy to get his title declared thorough Civil Court.

3. Learned counsel for the respondents submits that although a counter affidavit has been filed in the present case earlier and a supplementary counter affidavit has also been filed, but he shall file counter affidavit to the amended writ petition, if so advised, or else advance his arguments on the basis of affidavits already on record.

4. The counter affidavit should be filed latest by 24.02.2023.

5. Post this case under the heading for 'Final Disposal' on 01.03.2023.

6. Learned counsel for the parties are directed to prepare short synopsis of case, list of dates and the judgment which they seek to rely upon much prior to the next date of hearing .

(Anubha Rawat Choudhary, J.) Binit