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Patna High CourtCWJC/5791/1994disposed

Ram Janam Kumhar And ORS v. State And ORS

2015-04-09Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5791 of 1994 ===========================================================

1. Ram Janam Kumhar, son of late Bhukhan Kumhar

2. Ram Chela Kumhar, son of late Bhukhan Kumhar @ Ram Chela

3. Nathuni Kumhar, son of late Bhukhan Kumhar

4. Thakur Kumhar, son of late Bagedan Kumhar @ Bagedee

5. Bechu Kumhar, son of late Bagedan Kumhar @ Bagedee

6. Suchit Pal, son of late Bhajan Pal

7. Raghubansh Kumhar, son of Ram Kawal Kumhar All residents of village Masihabad, P.O. Padri, P.S. Sheosagar, District Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Joint Director of Consolidation, (Headquarter), Bihar at Patna

3. The Deputy Director of Consolidatioin, Rohtas at Sasaram

4. The Consolidation Officer, Sheosagar, having his officer at Sheosagar, P.S. Sheosagar, district Rohtas

5. Ram naresh Rai, son of late Sitaram Rai

6. Girish Narain Rai, son of Shri Ram Naresh Rai, both nos. 5 and 6 are residents of village Torani, P.S. Karagahar, District Rohtas. At present resident of Village Masihabad, P.S. Sheosagar, district Rohtas

7. (a) Mostt. Inardai Devi, wife of late Jang Bahadur Rai (b) Sanjay Kumar Rai, son of late Jang Bahadur Rai (c) Rina Devi, daughter of late Jang Bahadur Rai (d) Rita Kumari, daughter of late Jang Bahadur Rai, residents of village Umarpur, Bhithwar, P.S. Bhabua, District Bhabua

8. Birendra Rai @ Birender Rai, son of late Sonebidh Rai, resident of village Torani, P.S. Karagahar, District Rohtas. At present resident of village Masihabad, P.S. Sheosagar, District Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. (Dr.) Mrityunjaya Kumar Gautam, Advocate For the Respondent/s : Mrs. Nivedita Nirvikar, GA-X =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 09-04-2015 Heard learned counsel for the petitioner and the State.

2.Order dated 28.02.1994, passed by the Joint Director, Consolidation (Headquarter), Bihar, Patna in Revision Case

Patna High Court CWJC No.5791 of 1994 dt.09-04-2015 2/2 No. 2642/87, Annexure-5 shall be subject to the result of Title Appeal No. 16/93 pending in the court of District Judge, Rohtas at Sasaram as parties are in agreement that the Joint Director, Consolidation (Headquarter) while passing order dated 28.02.1994 ignored the findings recorded by Subordinate Judge-IV, Rohtas at Sasaram in Title Suit No. 53/87 which was appealed against by respondent nos. 4 and 5 herein by filing Title Appeal No. 16/93 in the court of District Judge, Rohtas at Sasaram.

3. With the observation aforesaid, the writ petition is disposed of.

(V.N. Sinha, J) Rajesh/- U