BALMIKI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether a High Court exercising power of judicial review under Article 226 of the Constitution of India can enter into the question of ownership or title in respect of any immovable property and whether the entries in revenue records confer a title on a person(s) are the two main issues which require to be addressed by this Court in the present proceeding. Both the issues are no more res integra and have been conclusively decided by the Supreme Court in negative in a series of decisions.

(2.) Reference shall be made to the law laid down by the Supreme Court on these issues later after taking note of the nature of relief sought for by the petitioners and rival pleadings and materials brought on record by the contesting parties in that regard.

(3.) I have heard Mr. Mrigank Mauli, learned Senior counsel appearing on behalf of the petitioners assisted by Mr. Prince Kumar Mishra and Mr. Sanjay Kumar, learned Advocates. Mr. Sajid Salim Khan, learned SC 25 has assisted this Court on behalf of the State of Bihar.