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Patna High Court

ANITA DEVIversusThe State of Bihar

Decided
Disposal
DISMISSED

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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