Smt. Madhuri Devi v. Sri Deocharan Sharma And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5370 of 1990 ====================================================== Smt. Madhuri Devi, wife of Sri. Indeshwar Prasad Singh, resident of village Lilhaul Police station Singhia Distric - Samastipur. .... .... Petitioner
Versus
1. Sri Deocharan Sharma son of Manohar Sharma, resident of villagehasanpur Jitwarpur Police and District - Samastipur.
2. Sri. Ram Narayan Sharma son of Manohar Sharma, resident of villageTarawari Ghat, P.S. Kharahia Bazar, District-Purnea
3. AddI. Member Board of Revenue Bihar, Patna.
4. AddI. Collector Samastipur
5. Deputy Collector Land Reforms Samastipur .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Nirmal Kumar, Adv. For the Respondent/s : Mr. Jitendra Narain Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-09-2018 The writ petition was dismissed for non-prosecution on 08.12.2008. A restoration application arising from MJC. No. 3905 of 2014 filed on 09.10.2014 remained pending before this Court until it was allowed by a Bench on 06.10.2017 but in the meanwhile the records of the writ proceeding have been destroyed as per Rules. The situation thus, as it stands, is that even though the restoration application has been allowed but the writ proceedings are missing.
In the circumstances aforenoted Mr. Nirmal Kumar, learned Counsel for the petitioner prays for disposal of the present proceeding to enable the petitioner to pursue his remedy before the Bihar Land Tribunal under section 9 of the Bihar Land Tribunal
Patna High Court CWJC No.5370 of 1990 (6) dt.28-09-2018 Act, 2009, as according to Mr. Nirmal Kumar, the order put to question before this Court is entertainable before the Tribunal. Upholding the submissions advanced by Mr. Nirmal Kumar and allowing liberty to the petitioner to pursue his cause before the appropriate forum, the writ petition is disposed of. (Jyoti Saran, J) Archana/Surendra U