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2014 Supreme(Pat) 611

HEMANT KUMAR SRIVASTAVA
Tapeshwar Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. D.N. Pandey, Adv.
For the Respondent/s: Mr. Krishna Kumar, AC to GP-26

ORAL JUDGMENT

1. This writ petition under Article 226 of Constitution of India has been filed by the petitioner for issuance of writ of mandamus directing the respondents not to demolish Gopalpur Complex, Nawadah standing on plots no. 3238 and 3239.

2. The case of the petitioner is that the aforesaid Gopalpur Complex, Nawadah standing on plots no. 3238 and 3239 belongs to Major Ajoy Krishna and his wife Anandita Krishna. The above stated plots no. 3238 and 3239 were purchased by Sabitri Singh wife of Surendra Prasad Singh and mother of Major Ajoy Krishna from one Surendra Kumar Bhadani who transferred the above stated lands by executing registered sale deed on 28.11.1974 and after that the mother and father of Major Ajoy Krishna came in possession of the aforesaid lands. Later on, parents of Major Ajoy Krishna died and Major Ajoy Krishna became owner of the above stated plots. It is further case of the petitioner that plot no. 3238 contains double storeyed houses with nine shops and similarly, plot no. 3239 contains double storeyed building with seven shops and Shauchalaya. The construction on the above stated plots was made according to sanctioned map. It is also case of the petit









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