Decided on March 26,2021

Dharambir Prasad Singh Appellant
STATE OF BIHAR Respondents


Madhuresh Prasad,J. - (1.) The petitioner seeks quashing of the order dated 04.09.2020, bearing Memo No.1674, passed in Miscellaneous Case No.04 of 2019 (Building Construction) by the City Executive Officer, Nagar Parishad, Danapur Nijamat, Patna (Respondent No.6), disposing of the case filed by Sanjay Kumar (Respondent No.10). By the said order, the Executive Officer has issued a direction to stop the petitioner's building construction work till adjudication of title by a Civil Court of competent jurisdiction.
(2.) The brief facts of this case is that the petitioner claims to be maternal grandson of one Ramcharitra Singh, who held 9.73 acres of land by virtue of a family partition through a registered partition deed executed in the year 1969. 2.53 acres of land was gifted by Ramcharitra Singh to his wife through a registered gift deed in the year 1975. He also gifted 28 decimals of land to his one and only daughter Shakuntala Devi by a registered deed of gift in 1975 itself. In 1984, said Ramcharitra Singh gifted 1.63 acre of land to his only daughter Shakuntala Devi, the petitioner and his brother, namely, Gopal Prasad Singh, both sons of Shakuntala Devi, through a registered gift deed. The same includes land of Plot No.1077, which is the subject-matter for the present, besides other plots.
(3.) It is the petitioner's case that subsequently their mother Shakuntala Devi gave her 1/3rd share in the aforesaid gifted land in favour of the petitioner and his brother Gopal Prasad Singh, whereafter they became absolute owner of the properties. Later, by a family arrangement, inherited property was divided between the petitioner and his brother, whereafter they continue to hold and possess the land with absolute right, title, interest and peaceful possession. The lands have duly been mutated and rent is also being paid to the State of the Bihar. In support of such contention, rent/revenue receipts have been placed on record by way of Annexure 1 to the writ petition.;

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