Syed Irfan Ashraf vs The State Of Bihar
2022 Latest Caselaw 4798 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1372 of 2019
                                          In
                   Civil Writ Jurisdiction Case No.16357 of 2019
     ======================================================

Syed Irfan Ashraf S/o Habibur Ashraf Resident of Village - Pir Bigaha, P.S.- Chandauti, Anchal- Belaganj, District- Gaya.

... ... Appellant/s Versus

1. The State of Bihar Bihar

2. The Collector Gaya

3. The Additional Collector Gaya

4. The Deputy Collector Land Reforms, Gaya

5. The Circle Officer Belaganj, Gaya

6. Aftab Ahamad S/o Late Gholam Mustafa Resident of village- PirBigaha, P.s.- Chandauti, Anchal- Belaganj, Distt.- gaya

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Chandra Shekhar Verma, Advocate Mr. Radha Mohan Pandey, Advocate For the Respondent/s : Mr. Md.Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 05-12-2022 Heard Mr. Chandra Shekhar Verma, learned

Advocate for the appellant and Ms. Ritika Rani for the

respondent no. 6.

The appellant though claims to be related to the

parties, but has staked his claim over a piece of land on

the basis of an unregistered deed of gift, whereas the Patna High Court L.P.A No.1372 of 2019 dt.05-12-2022

respondent no. 6 has a registered deed of gift with respect

to the same plot of land.

It appears from the impugned order of the

learned Single Judge that one Md. Abid Hussain had two

sons viz. Golam Mustafa and Abdul Sakur. After the

partition in the family, one acre of land was allotted to

both the sons of Abid Hussain. The respondent no. 6 is the

son of Golam Mustafa. The appellant, on the basis of an

unregistered gift deed dated 21.11.2005, as noted above

executed by Ahmad Mujtaba son of Abdul Sakur claimed

mutation vide Mutation Case No. 936/2005-06, which was

allowed by the Circle Officer.

The aforesaid order of mutation was challenged

by respondent no. 6 before the appellate authority but to

no avail. Thereafter, the matter was brought to Bihar Land

Tribunal which set aside both the orders after relying upon

the judgment of this Court in Ramjee Prasad Singh vs.

State of Bihar 2008(3) PLJR 245 that any complex Patna High Court L.P.A No.1372 of 2019 dt.05-12-2022

question of law involving title cannot be adjudicated by any

other authority except a competent Civil Court.

The learned Single Judge did not find any fault

with the aforesaid decision of the Tribunal and also found

the claim of the appellant to be factually incorrect.

The parties appear to have already approached

the competent Civil Court for the needful.

There is no reason for our interference in the

order passed by the learned Single Judge.

The appeal has no merits and is thus dismissed.

(Ashutosh Kumar, J)

(Nawneet Kumar Pandey, J)

krishna/-

AFR/NAFR                NAFR
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Uploading Date          07.12.2022
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