Patna High Court
ANITA DEVIversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order is dismissed, directing the parties to seek a title declaration in the District Court and the wood to be auctioned with proceeds held pending the title suit.
Summary
The petitioners filed an application seeking to quash an order dated 06.03.2021 passed by the Additional District and Sessions Judge in a revision proceeding concerning a land dispute arising from Warisnagar P.S. Case No. 282 of 2018. Both parties claim ownership of the land from which wood was cut; the petitioners rely on a sale deed, while the opposite party asserts ancestral rights, alleging an improper sale by a cousin without partition. The court observed that the title of the land must be determined before any decision on the release of the wood can be made. Consequently, the application was dismissed, with liberty granted to the parties to approach the District Court for a declaration of title over the disputed land. The wood, already cut, was ordered to be auctioned by the forest department, with the proceeds kept in a fixed deposit to be released to the successful party in the eventual title suit.
Issues considered
- Whether the court can adjudicate the title of the land in a criminal miscellaneous application seeking quash of an order
- Whether the wood cut from the disputed land should be released or auctioned pending determination of title
- Whether the order dated 06.03.2021 should be set aside
Subjects
- land dispute
- title determination
- wood auction
- forest department
- criminal miscellaneous
- quash order
- declaration of title
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46265 of 2021
Arising Out of PS. Case No.-282 Year-2018 Thana- WARISNAGAR District- Samastipur
======================================================
1. ANITA DEVI W/O RAM SEVAK MAHTO R/o village- Magardahi Ghat,
Ward No. 18, Town Samastipur, P.S.- Samastipur Town, District- Samastipur
2. RAM SEVAK MAHTO S/O LATE BRAHMDEO MAHTO R/o village-
Magardahi Ghat, Ward No. 18, Town Samastipur, P.S.- Samastipur Town,
District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjeet Kumar Mishra S/O Late Shrikant Mishra R/O Vill- Sari, P.S-
Warisnagar (Mathurapur) District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vaishnavi Singh
For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 03-02-2026 Heard the parties.
2. The present application has been filed on behalf of
the petitioners for quashing the order dated 06.03.2021 passed
by the learned Additional District and Sessions Judge-V,
Samastipur in Cr. Revision No. 876 of 2019 arising out of
Warisnagar P.S. Case No. 282 of 2018.
3. In the present case, both the parties claim the
ownership of the land in question from which the wood was
chopped. The petitioners claim his land through a sale deed and
the opposite party no. 02 claims his land as ancestral land and
he alleges that the land in question has wrongly been sold by his
Patna High Court CR. MISC. No.46265 of 2021(5) dt.03-02-2026
2/2
cousin brother without partition with the opposite party no. 02
and the wood has been cut from the tree which was standing on
the land.
4. From the aforesaid, it appears that there is a dispute
over title of the land in question and before releasing the wood,
it has to be decided that in whose favour the same shall be
released.
5. In view of the above, this application is dismissed
with liberty to the parties to move the District Court for
declaration of title and interest over the land in question on
which the tree was standing from which the wood was chopped.
So far as the the wood in question is concerned, which is lying
after cutting, the police is directed to get the same auctioned by
the forest department and the proceeds of the auction shall be
kept in Fixed Deposit which shall be released in favour of the
successful party in the District Court in Title Suit.
(Sandeep Kumar, J)
Vikas/-
U
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