IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.941 of 2011 =================== Vijay Kumar Sinha S/o Late Sukhdeo Prasad, R/o Mohalla Gewal Bigha Bathan Police Line Road, P.S. Rampur, District-Gaya. - Petitioner. Versus Shyama Devi W/of Sri Karamchand Singh, R/o Mohalla Gewal Bigha Bathan Police Line Road, P.S. Rampur, District-Gaya. - Respondent. 2/ 12.07.2011 Heard learned counsel for the parties. The petitioner is aggrieved by order dated 10.05.2010, whereby the appellate court, namely, Additional District Judge-VI, Gaya rejected the petition of the petitioner to start enquiry into the offence committed by Shyama Devi and further to send the written complaint to Chief Judicial Magistrate for taking cognizance. The petitioner submits that Shyama Devi has claimed settlement of land on the basis of Hukumnama given by the then Landlord Rai Bahadur Baiju Lal Nakhphopha in the year 1933. The petitioner submits that as per the official record the name of the husband of Shyama Devi is Karamchand Singh and in the service record of Electricity Board, the date of birth of her husband, who died, is mentioned as 05.09.1938. The petitioner submits that even Shyama Devi has mentioned her age in one of the affidavits 2 filed in T.S. No. 127 of 2004 / 373 of 2002 as 68 years. On this basis learned counsel submits that Shyama Devi would not be born in the year 1933 and as such the alleged Hukumnama issued in the year 1933 in her favour is forged and concocted. The appellate court has rejected the application of the petitioner under Order I Rule 10 on 04.09.2009, as he was not a party in the title suit. The appellate court has rightly observed that no action can be taken on the basis of petition of a person, who is stranger to the case. The petitioner if so advised may take resort to the remedy available under the law. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)