MOHIT KUMAR SHAH
Sevak Sanjay Nath S/o Late Vinda Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. The present writ petition has been filed for quashing the order dated 26.08.2013, passed by the District Magistrate, East Champaran at Motihari, in Misc. Case No. 92 of 2012, whereby and whereunder the application filed by the petitioner, in the light of the order dated 3.8.2012, passed by a co-ordinate Bench of this Court, in CWJC No. 2421 of 2012, has been rejected.
2. The brief facts of the case, according to the petitioner, are that the petitioner is the Chief Trustee of Sevak Sanjay Nath Kali Nayas, situated at Kali Nagari, Raxaul in the District of East Champaran. It has been stated that Sri Jagmohan Lal, son of late Ram Awatar Ram, had acquired 17 katha, 17 dhur of land, situated at Mauza-Raxaul, Khata No.6, Khesra-810, by a registered sale deed, executed by the Bank of Bihar, on 26.4.1946. A title suit bearing Title Suit No.189 of 1989 is stated to have been filed, before the learned Sub-Judge, Motihari, by the aforesaid Jagmohan Lal and the learned Court of Sub-Judge-III, Motihari, by a judgment dated 01.8.1994 held that the property in question is in possession of the plaintiff, the State of Bihar has got no right to determine the lease, as such the defendants
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