SHAILENDRA PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by one of the sons of Late Shivnarayan Singh for quashing the order dtd. 25/11/2019 passed by the Sub-Divisional Officer, Piro (respondent no. 2) by which in exercise of his power under Sec. 146(1) of the Code of Criminal Procedure the Sub- Divisional Officer has appointed a receiver and direction was issued to the Circle Officer, Tarari, Bhojpur (respondent no. 3).

(2.) The Contention of learned counsel for the petitioner is that the private respondent no. 7 filed a fraudulent petition in the court of Sub-Divisional Officer, Piro under Sec. 144 Cr.P.C. giving rise to case No. 107/2019 by suppressing the material facts relating to the right of the writ petitioner in respect of the plots bearing Chak Khesra No. 97, Khesra No. 190, 50, Khesra No. 156/96, 150/96 under Chak Khata No. 152, 15 and Chak Khata No. 60, Chak Khesra No. 94, 198 and 199 measuring area 86 decimal.

(3.) Learned counsel submits that private respondent no. 7 and 8 are sons of Late Tejnarayan Singh and both are one farik in joint property. The submission is that the properties mentioned in Annexure ..2.. were purchased by the income of all the brothers. Being elder among his brothers the father of private respondent no. 7 and 8 was the Karta of the family. The petitioner, further submits that on the basis of personal understanding of Khangi Batwara all brothers were doing cultivation separately and their kitchen without any partition on the basis of metes and bounds is still going on. The order impugned has been assailed on the ground that the same has been passed without any material on the record and even before determination of the rights of the parties.