Rajendra Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18216 of 2016 ====================================================== 1.

Rajendra Rai son of Late Bujhawan Rai 2.

Sonelal Rai son of Late Ram Khelawan Rai 3.

Vidyanand Rai son of Late Bhairo Rai 4.

Nand Kishore Rai son of Late Bhairo Rai 5.

Mahendra Rai son of Late Khusi Rai 6.

Ramashray Rai son of Late Khusi Rai All are residents of Village - Chaita Bhangurpur, P.S . Angarghat, District - Samastipur Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Bihar Land Tribunal, Bihar at Patna through the Registrar. 3.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 4.

The Deputy Collector Land Reforms, Rosera, Samastipur. 5.

Shankar Rai son of Ram Swaroop Rai Resident of Village - Chaita Bhangurpur, P.S. - Angarghat, District - Samastipur At present resident of Village - Mahishi Tola, Rupauli Khurd, P.S. - Bibhutipur, District - Samastipur Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 Mr. Arif Daula Siddiquui, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of appropriate writs/orders/directions for quashing the order dated 22.07.2016 passed by Shri K.P. Ramaiah, learned Member (Administrative) of the Bihar Land Tribunal, Bihar at Patna passed in B.L.T. case No. 420 of 2015 without

Patna High Court CWJC No.18216 of 2016(2) dt.06-04-2023 2/2 considering that the Deputy Collector Land reforms has no power/ jurisdiction to cancel Jamabandi under the Act and be pleased to stay the operation of order dated 22.7.2015 passed in B.L.T. case No. 420 of 2015 and be further pleased to pass any such other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case."

After some arguments, the learned counsel for the petitioner, realizing the fact that the present case involves complicated question of facts regarding right, title and interest of the petitioner qua the land in question, seeks to withdraw the present writ petition, however, seeks liberty on behalf of the petitioner to approach the competent Court of civil jurisdiction. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U