NEEL KAMAL SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for setting aside the letter, dtd. 28/11/2019, issued by the Additional Director General of Police, Crime Investigation Department, Bihar (respondent no. 2), to the Superintendent of Police, Sitamarhi (respondent no. 3), by which the respondent no. 2 has directed to maintain status quo over the land, in question, in order to maintain the law and order situation so long as the probate case is pending in the Court.

(2.) The case of the petitioner is that after the death of his father, the disputed plot no. 48, under new Ward No. 20, old Ward No. 13, having an area of 78 decimals, in Sitamarhi Municipality was partitioned and 39 decimals of land came in the share of the petitioner. The jamabandi of plot no. 48 is in favour of the petitioner. The nephew of the petitioner, namely, Vijaykant Sinha @ Gaurav/the intervenor respondent, filed Probate Case No. 32 of 2017 before the learned District Judge, Patna, for grant of probate as per the Will, executed by the grandfather of the nephew of the petitioner.

(3.) The petitioner appeared in the said probate case and filed his objection and accordingly the probate case was converted into testamentary suit, bearing Testamentary Suit No. 05 of 2018. The petitioner, on 17/2/2018, sold the land of plot no. 48 to one Kapildev Rai. After the sale, the nephew of the petitioner/ intervenor respondent started making disturbance by claiming his right and title over plot no. 48, which was already portioned in favour of the petitioner. Thereafter, the petitioner, in the year 2019, lodged Sitamarhi Police Station Case No. 660 of 2019, under Ss. 420/34 of the Indian Penal Code, in which final form was submitted by the police.