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Patna High CourtCWJC/3067/2018disposed

Rajkumari Devi v. The State Of Bihar And ORS

2023-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3067 of 2018 ====================================================== Rajkumari Devi Wife of Ashok Shah, Resident of Mohalla- Pupri Bazar, P.S.- Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Sitamarhi.

3.

The D.C.L.R. Pupri, District Sitamarhi.

4.

The Circle Officer, Pupari, District- Sitamarhi. 5.

Jaldhari Rai, Son of Late Mahavir Rai, R/o Vill.- Narayan Pur, P.S.- Pupari, Dist.- Sitamarhi.

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

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned counsel for the respondents The petitioner has filed the instant application for the following reliefs:

"1. That this writ application is being filed for issuance of appropriate writ for setting aside the order passed by L.R.D.C. Pupri in Mutation Appeal No.30/16-17 passed on 10.8.17 which was passed in clear disregard of the law as the matter has already been deicide in favour of the petitioner on 11.08.16 by Addl. Collector in Mutation Revision Case No. 1/15-16 the Learned L.R.D.C. Pupri has gone just beyond the finding of the Addl. Collector.

Patna High Court CWJC No.3067 of 2018(3) dt.17-02-2023 2/2 And/or Pass such order which the Hon'ble court may deem fit and proper in order to."

After some arguments, in view of the observation of this Court, learned counsel for the petitioner seeks permission to withdraw this application to prefer a revision application as provided under section 8 of the Bihar Land Mutation Act, 2011 read with rule 15 of the Bihar Land Mutation Rules, 2012. If such an application is preferred by the petitioner within a period of four weeks from today, in considering the petition for condonation of delay filed by the petitioner, the learned Court/Authority concerned shall take into consideration the pendency of the instant writ application in this Court. The application stands disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) Bibhash U