PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:
The Petitioners have invoked the extra ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, seeking issuance of writ of prohibition or any other appropriate writs/orders/directions, restraining the respondents from forcibly and illegally dispossessing the petitioner from the physical and peaceful possession of his property, having Old Khata No. 1040, Plot No. 38, Old Khata no. 1138, Plot No. 1231, Old Khata No. 1138, Plot no. 1229, ad measuring 18 decimals, situated at Mauza Sherghati, Thana No. 762, Ward No. 12, Police Station Sherghati, in the district of Gaya.
2. Shorn of all unnecessary details, the brief facts, leading to the filing of the present writ petition, are that Gardhu Kumhar had three sons, first Lohri Kumhar, second Ram Prasad Kumhar, and third Pun Kumhar. The first son of Gardhu Kumhar, Lohri Kumhar, had two sons and three daughters, namely, Bishnu Deo Kumhar @ Bishnudev Prajapati respondent no 13 Krishna Prajapati, Manju Devi respondent no 11 Hemanti Devi respondent no 10 and Late Shakuntala Devi. Late Shakuntala Devi was survived by her only son, Anshuman Raj respondent no 12 The second son of Gardhu Kumhar, Ram Prasad Kumhar, had three sons, namely, Pandit Upendra Nath (the original writ petitioner, now deceased and substituted by his legal heirs), Satyendra Prajapati, and Birendra Prajapati. The third son of Gardhu Kumhar, Pun Kumhar, had three sons, namely, Niranjan Prajapati, Ashok Prajapati, and Ajay Prajapati.
3. The present dispute is between the descendants of Lohri Kumhar and Ram Prasad Kumhar and some persons, who have been arrayed as private respondents on the ground that they have purchased the disputed property in question. The descendants of Pun Kumhar are not directly involved in the subject matter of this writ petition.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTIyMTMjMjAyMiMxI04=-hS--am1----ak1--HA3FSGU=
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