Arvind Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1754 of 2016 ====================================================== Arvind Kumar Jha son of Late Anant Narayan Jha resident of Village- Morwa Doh, P.O.- Morwa, P.S.- Musrigharari, Anchal- Morwa, Dist- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Sushila Devi wife of Tarkeshwar Jha resident of Village- Morwa Dih, P.O.- Morwa, P.S.- Musrigharari, Anchal- Morwa, Dist- Samastipur. 3.

The District Magistrate, Samastipur 4.

The Member Administrative, Bihar Land Tribunal, Patna. 5.

The Land Reform Dy. Collector, Samastipur.

6.

The Circle Officer, Morwa, P.S.- Musrigharari, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ashok Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 No one appears on behalf of the petitioner though the State is present.

2. The present writ petition has been preferred : for issuance of order/orders, direction/directions, writ/writs particularly in the nature of writ of certiorari or any other appropriate writ(s) for quashing of order dated 4.12.2015 passed by Ld. Member Administrative, Bihar Land Tribunal, Patna, whereby and whereunder Ld.

Court has dismissed the application preferred by the Petitioner, wherein Petitioner has challenged the order of

Patna High Court CWJC No.1754 of 2016(2) dt.15-07-2025 2/3 the Commissioner, Dharbanga, and confirmed the order dated 6.03.2014 passed by the Ld. Commissioner and order dated 14.02.12 of the Ld. DCLR, Samastipur by Non speaking and cryptic order without considering the fact and circumstances of the case.

A photo copy of order dt.:- 4.12.2015 passed by Ld. Member Administrative, Bihar Land Tribunal, Patna & order dt:-6.03.2014 passed by The Commissioner, Dharbanga is being annexed herewith and marked series as Annexure-1 & 1/A) to this application

11. For issuance of order/orders, direction/directions, writ/writs particularly in the nature of writ of mandamus or any other appropriate writ(s) for direction of the Court below to stay the order dated 4.12.15 passed by Ld. Member Administrative, Bihar Land Tribunal, Patna and execution of the order of Ld.DCLR, Samastipur passed on 14.02.2012.

III. For issuance of any other relief(s) for which the petitioner is entitled for.

3. Learned State counsel has taken this Court to the

Patna High Court CWJC No.1754 of 2016(2) dt.15-07-2025 3/3 conclusion arrived at by the Bihar Land Tribunal, Patna dated 04 December, 2015 to show that the reason for affirming the order passed by the Divisional Commissioner, Darbhanga in land dispute of Cr. No. 109 of 2012 is that the dispute relates to partition/encroachment has to be decided by a competent civil court.

4. This Court finds force in the observation of the tribunal which has affirm the order of the Divisional Commissioner.

5. However, since there is no appearance, dismissed for non prosecution.

(Rajiv Roy, J) Raj Ranjan/- U T