Md. Tayab vs The State Of Bihar
2025 Latest Caselaw 1655 Patna

Patna High Court

Md. Tayab vs The State Of Bihar on 6 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1056 of 2023
                                          In
                    Civil Writ Jurisdiction Case No.5006 of 2017
     ======================================================
     Md. Tayab, Son of Late Md. Hussain, Resident of Qr. No. D/109, Police
     Colony, P.S. Gardabibagh, P.O. Anishabad, District-Patna.

                                                             ... ... Appellant/s
                                    Versus
1.   The State of Bihar through the Registrar, Co-operative Societies, Bihar,
     Patna.
2.   That Secretary, Aarakashi Karamcharigan Shakari, Girh Niraman Samiti
     Ltd., Anishabad, Patna-2.
3.   Anwari Bano Wife of Sami Eqbal Resident at D/109, Police Colony,
     Anishabad, Patna-800002.
4.   Sams Tabres Khan Son of Late Md. Ayub Khan Present Resident at
     Mohalla-Jameshwar Road, Ajmer, P.O.-Ajmer, P.S.-Ajmer Dargah Sarif,
     District-Ajmer, Rajasthan.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :    Mr. Sanjay Kumar, Advocate
     For the Respondent/s   :    Mr. Sanjay Kumar, AC to GA- 13
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 06-02-2025

We have heard Mr. Sanjay Kumar, the learned

Advocate for the appellant and Mr. Sanjay Kumar, the

learned Advocate for the State.

2. The appellant has questioned the order

dated 31.07.2023 passed by a learned Single Judge of

this Court in C.W.J.C. No. 5006 of 2017, refusing to Patna High Court L.P.A No.1056 of 2023 dt.06-02-2025

interfere with the decision of the learned Munsif who had

recused to have the observations of the Joint Secretary of

the Co-operative Society to be executed.

3. The appellant had purchased a land in the

police colony from respondent No. 4. However, the

daughter of respondent No. 4 (respondent No. 3) claimed

that the property in question had been orally gifted to her.

She had also preferred a Title Suit impleading her father

as defendant. The appellant had parallelly moved before

the Co-operative Societies seeking removal of

encroachment. The concerned authority of the Co-

operative Society had rightly observed that removal of

encroachment would not fall in their domain. However,

while disposing of the petition of the appellant, it was

parenthetically observed that it appears that the appellant

had purchased the land in question from the

owner/vendor for a consideration.

4. Armed with this observation of the Officer

of the Co-operative Society, the Court of the learned Patna High Court L.P.A No.1056 of 2023 dt.06-02-2025

Munsif was moved for execution, which was rightly

rejected. It was a misadventure on the part of the

appellant to have done so; nonetheless the efforts were

foiled.

5. We do not find any reason to interfere with

the order of the learned Single Judge referred to above.

6. The appeal is, accordingly, dismissed.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J)

Sauravkrsinha/ Praveen-II-

AFR/NAFR                NAFR
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Uploading Date          07.02.2025
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