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Patna High CourtL.P.A/2301/2016dismissed

Usha Rai @ Usha Rani v. The State Of Bihar And ORS

2018-01-12Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2301 of 2016 In Civil Writ Jurisdiction Case No.9908 of 2015 ====================================================== Usha Rai @ Usha Rani wife of Late Rameshwar Yadav Resident of Village - Mokama, P.S. - Dhamdaha, District - Purnea.

... ... Appellant/s

Versus

1. The State of Bihar through Member Board of Revenue, Bihar, Patna.

2. Rajendra Mehta

3. Mahendra Mehta Both sons of Late Ram Lal Mehta Resident of Village - Mokama, P.S. - Dhamdaha, District - Purnea.

4. Uday Bhagat

5. Vijay Bhagat Both sons of Late Bishwanath Bhagat

6. Birendra Bhagat

7. Upendra Bhagat Both sons of Late Chandrama Bhagat All residents of Village and P.S. - Bhagwanpur, District - Purnea.

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

For the Appellant/s :

Mr. Yogesh Chandra Verma Advocate Mr. Baidyanath Prasad Advocate For the Respondent/s :

Mr. Khurshid Alam A.A.G. - 12 Ms. Nutan Sahay AC to A.A.G. -12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 12-01-2018 Heard learned senior counsel for the appellant and counsel for the respondents.

The facts speak for themselves. The dead issue for almost three decades cannot be allowed to be agitated through a writ court.

The Learned Single Judge has rightly dismissed the writ

Patna High Court LPA No.2301 of 2016(7) dt.12-01-2018 2/2 application, vide order, dated 25.11.2016 and the said decision does not warrant any interference in appeal.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) skm/- U