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2014 Supreme(Pat) 345

NAVANITI PRASAD SINGH
Abhay Chandra Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared
For the Petitioners: Mr K.N. Choubey, Mr Bajarangi Lal
For the State: Mr. Jay Prakash Sharma
For Pvt. Respondent: Mr S.S. Dwivedi, M/s Purushottam Kr Jha & Sanjay Kr Ojha

ORAL ORDER

The eleven petitioners, by this writ petition, have challenged the jurisdiction of DCLR, Sasaram to entertain the proceedings as initiated before him by private respondents No.9 to 14. Respondents No.11 to 14 are sons of respondents No.9 and 10 who are husband and wife. Therefore, the private respondents are one family of father, mother and four sons.

2. Shri Kamal Nayan Choubey, learned Senior Counsel appearing for the writ petitioners submits that the nature of dispute that has been placed before the DCLR purporting to be under the provisions of the Bihar Land Dispute Resolution Act, 2009 cannot be and ought not to be permitted to be entertained. When the writ petition was filed, an interim order restraining DCLR was passed. Later on, it is alleged that after the order was passed, DCLR passed a backdated order allowing the application of the private respondents and directing the eviction of the petitioners.

3. Pursuant to notice, the private respondents appeared. Shri Shashi Shekhar Dwivedi, learned Senior Counsel appearing for the private respondents has tried to raise an issue that the dispute relates to certain plots of land and petitioners do not claim any right ov



















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