Smt. Sharada Devi vs The State Of Bihar
2023 Latest Caselaw 62 Patna

Citation : 2023 Latest Caselaw 62 Patna
Judgement Date : 3 January, 2023

Patna High Court

Smt. Sharada Devi vs The State Of Bihar on 3 January, 2023

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.635 of 2022
                                           In
                    Civil Writ Jurisdiction Case No.5384 of 2020
     ======================================================

Smt. Sharada Devi W/o Nageshwar Paswan, Resident of Village - Berathu, P.S. Chak Mokhdumpur, District- Jehanabad, at present Village- Dhurgaon, P.S. Ekangarsarai, District- Nalanda.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2. Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3. District Magistrate, Nalanda at Bihar Sharif.

4. Additional Collector, Nalanda at Bihar Sharif.

5. Deputy Collector Land Reforms, Hilsa, Nalanda.

6. Circle Officer, Ekangar Sarai Block, District- Nalanda.

7. Superintendent of Police, Nalanda at Bihar Sharif.

8. Sub-Divisional Police Officer, Hilsa, Nalanda.

9. Station House Officer, Ekangar Sarai Police Station, District- Malada.

10. Sri Niwas Prasad S/o Late Babuchand Mahto, Resident of Village-

Dhurgaon, P.S. Ekangar Sarai, District- Nalanda.

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

For the Appellant/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s : Mr. Arun Kumar Bhagat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 03-01-2023

Heard Mr. Dhaneshwar Prasad Gupta, learned Advocate

for the appellant and Mr. Arun Kumar Bhagat, learned Advocate

for the State.

Patna High Court L.P.A No.635 of 2022 dt.03-01-2023

The learned Single Judge, while dealing with the

application filed by one Sri Niwas Prasad, directed the appellant

not to interfere with the peaceful possession of the property which

vested in him on account of his pre-emption application having

been allowed way back in the year 2016.

It appears that the appellant had purchased the said plot

of land in the year 2012 from one Anandi Prasad. Shortly

thereafter, a pre-emption application with all requisites was filed

by the concerned respondent/writ petitioner. In the proceeding

before the DCLR, the pre-emption application was allowed but the

transfer of land was not made. With the persistence of the writ

petitioner, ultimately under provisions contained in Order 14, Rule

20 of the C.P.C., a sale deed was executed by the DCLR and the

respondent no. 10/writ petitioner was put in possession on

22.01.2016.

Under the aforesaid circumstances, we do not find any

fault with the order passed by the learned Single Judge restraining

the appellant from interfering with the peaceful possession of the

plot in question.

The argument of the learned counsel for the appellant

that the land is still in the possession of the appellant is incorrect

as no sooner the application for pre-emption was filed, the pre-

Patna High Court L.P.A No.635 of 2022 dt.03-01-2023

emptor has to be put in possession of the property till the final

determination by the concerned Authority and therefore it shall be

presumed that the possession is with the respondent/writ petitioner.