← Library
Patna High CourtCWJC/2233/2017disposed

Kameshwar Yadav @ Kamleshwari Yadav And ORS v. The State Of Bihar And ORS

2024-11-27Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2233 of 2017 ====================================================== 1.

Kameshwar Yadav @ Kamleshwari Yadav 2.

Jageshwar Yadav 3.

Kaillu Yadav All Sons of Late Mahabir Yadav, Resident of VillageBasantpur Tola, Kharaiya Basti, P.S. Araria, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Purnea Division, Purnea.

3.

The Deputy Collector Land Reforms, Araria.

4.

Parmanand Yadav Son of Late Ganesh Lal Yadav, Resident of VillageBasantpur Tola, Kharaiya Basti, P.S. Araria, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhanesh Misra, Advocate For the Respondent/s :

Mr. Sajid Salim Khan- SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-11-2024 Heard learned counsel for the parties.

2. In the instant petition, the petitioners have prayed for the following relief(s):- (i) For quashing of the order dated 18.07.2016 passed by learned Member Judicial, Bihar Land Tribunal in BLT Case No. 360 / 2016 whereby the order dated 31.12.2015 passed by Divisional Commissioner, Purnea in Land Dispute Appeal Case No. 158 / 2014 has been upheld.

(ii) For any other relief or reliefs for which the petitioner is entitled in the eye of law.

Patna High Court CWJC No.2233 of 2017(2) dt.27-11-2024 2/3

3. Learned counsel for the petitioners submits that vide order dated 31.12.2015, the Commissioner, Purnea Division, Purnea (respondent No. 2) set aside the order dated 16.04.2014 passed by the respondent No. 3, Deputy Collector Land Reforms, Araria with the direction to hear the said matter afresh against which the petitioner filed BLT Case No. 360 of 2016 in Bihar Land Tribunal, Patna and vide order dated 18.07.2016, the Bihar Land Tribunal dismissed the same observing that the Commissioner has simply remitted the matter back to D.C.L.R., Araria to decide the case and he has not done anything wrong.

4. Learned counsel for the petitioners further submits that the said case No. 95 / 12-13 is still pending before the D.C.L.R., Araria and he submits that this case may be disposed of with the direction to the D.C.L.R., Araria for expeditious disposal of the said case in accordance with law.

5. Learned counsel for the State has no objection to this prayer of the petitioners.

6. In view of the submissions of the learned counsel for the petitioners, this case is disposed of with direction to the D.C.L.R., Araria to dispose of the case No. 95 of 12-13, if pending, in accordance with law, expeditiously after hearing the

Patna High Court CWJC No.2233 of 2017(2) dt.27-11-2024 3/3 parties.

7. With the aforesaid observations, this case is disposed of.

(Sunil Dutta Mishra, J) saurabhkr/- U