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2012 Supreme(Pat) 45

SHIVAJI PANDEY
Prahalad Dubey – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioners: M/s. S.S. Dwivedi, Sr. Adv., M/s. Rakesh Chandra, R.K. Dubey and Mrs. Sangeeta Sharma, Advs.
For the State: Mr. O.P. Agrawal, SC-2.

JUDGMENT

Shivaji Pandey, J.- Heard learned counsel for the petitioners and the learned counsel for the State. No one appears on behalf of the Municipality.

2. As per the petitioner, the original petitioner Raj Kumar Dubey died during the pendency of this writ petition and vide order dated 31st October 2010, his heirs were substituted.

3. The petitioner has made a prayer to command the respondents not to disturb the construction of shopping complex being made by the petitioner and his other co-sharers by creating obstruction abusing the official power and has also prayed that they should be prevented from disturbing the possession of the petitioner over the land in question, in any manner, as title of the petitioner over the disputed land has been declared in favour of petitioner by order of the competent court and also has claimed compensation for the loss and damage caused to the petitioner at the rate of Rs.50,000/ per year from 1989 onwards till date.

4. The facts of the case are that the disputed land of village Chanauthu of C.S. Khata No. 86, C.S. Plot No. 256, Municipal Survey Plot No. 202, measuring an area of 0.58 decimals and at present the disputed area is 29 ½ decimals





















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