Patna High Court
Veena Devi @ Vina Devi vs The State Of Bihar And Ors on 30 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 329 of 2019
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Veena Devi @ Vina Devi W/o Late Sukeshwar Thakur Vill. and P.o.- Binda,
P.S.- Musahari, Distt.- Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reform Department, Govt. of Bihar, Patna
2. The Director Land Acquisition Directorate, Revenue and Land Reform
Department, Govt. of Bihar, Patna
3. Senior Scheme Engineer Bihar State Bridge Construction Corporation Ltd.
Work Division, Muzaffarpur.
4. District Magistrate Muzaffarpur.
5. District Land Acquisition Officer, Muzaffarpur.
6. Sub-Divisional Officer-cum-Sub-Divisional Grievance Redressal Officer,
Muzaffarpur East, Muzaffarpur.
7. Land Reform Deputy Collector, Muzaffarpur East, Muzaffarpur.
8. Circle Officer Musahari, Muzaffarpur.
9. Circle Inspector Musahari, Muzaffarpur.
10. Circle Amin Musahari, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arbind Kumar Singh, Adv.
For the State : Mr. Rakesh Ranjan, AC to AAG-12
For the Informant : Mr. Krishna Kant Singh, Adv.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 30-01-2021
Heard the parties.
Aggrieved by judgment and order dated 29.01.2019
passed by learned Single Judge of this Hon'ble Court passed in
Patna High Court L.P.A No. 329 of 2019 dt.30-01-2021
C.W.J.C. No. 1131 of 2018 dismissing the writ petition
appellant/petitioner has preferred this L.P.A.
Appellant/petitioner had filed writ petition for a
direction to make payment of compensation amount with
statutory interest in respect of the land as detailed in the petition
which was acquired by the State of Bihar for construction of
approach road to a bridge under Bihar Raiyati Land Lease
Scheme, 2014.
Appellant/petitioner claims right, title, interest and
possession over the land. She has further stated that she had
filed an application on 22.02.2018 before the District
Magistrate, Muzaffarpur that said land has been transferred by
her son by a registered sale deed executed on 27.11.2017 in a
state of intoxication and same has been mutated in the name of
transferee.
After hearing the parties, the learned Single Judge has
dismissed the writ petition as validity of a registered sale deed
cannot be decided in a writ petition and right, title and interest
of the petitioner over the land which was transferred by her son
by a registered sale deed its validity and legality can be judged
by a civil court of competent jurisdiction only.
This Court does not find any infirmity or error in the
Patna High Court L.P.A No. 329 of 2019 dt.30-01-2021
order passed by the learned Single Judge, accordingly, present
L.P.A. is dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
