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2023 Supreme(Pat) 314

K. VINOD CHANDRAN, PARTHA SARTHY
Shailja Vajpei – Appellant
Versus
Patna Municipal Corporation – Respondent


Advocates:
For the Appellant : M/s Shravan Kumar, Sr. Adv., Dinesh Maharaj.
For the State : Mr. Anjani Kumar, AAG-IV.
For the Corporation : M/s Sanjay Prakash Verma, Vipin Kumar Singh.
.

K. Vinod Chandran, CJ.—Read order of even date passed at 10.45 A.M.

2. As directed in the said order, the Commissioner, Patna Municipal Corporation and the S.H.O., Kotwali Police Station are before us. Sri Anjani Kumar, learned AAG-IV is also present with learned counsel appearing for the appellant and the respondent- Patna Municipal Corporation. The printed copy of the WhatsApp communication received by the Commissioner as extracted from his Mobile Phone is produced herewith as Court Exhibit-C-1. We examined the Commissioner on oath, which deposition is annexed to the instant order as Court Exhibit-C-2.

3. The writ petition was filed alleging that the petitioner had been in possession of a land by virtue of sale deed dated 02.06.1987 produced as Annexure-5. The land on which the petitioner claimed title as per Annexure-5, was having Municipal Survey Plot No. 8, Ward No.34, Circle No.235, Holding No. 124/175 admeasuring 1989 sq.ft., the boundaries of which land are as below:—

North : P.A.C. 10 feet wide service road and Pearl Cinema House.

South : Proposed P.A.C. Road

East : Plot No. 9

West : Plot No. 4 & 7

4. The allegation was that, despite her continued possession, based on title, the

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