Brishnath Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1649 of 2015 IN Civil Writ Jurisdiction Case No. 1241 of 1999 =========================================================== Brishnath Prasad Son of Late Ramji Prasad Resident of village - Parsa, P.O. Sirni Bazar, District - East Champaran and Presently resident of Barwat Posrain, P.S. Bettiah Muffasil, District - Champaran .... .... Petitioner / Appellant
Versus
1. The State of Bihar
2. The Collector, West Champaran, Bettiah
3. The Additional Collector, West Champara, Bettiah
4. The Land Reforms Deputy Collector, Bettiah
5. The Anchal Adhikari, Bettiah, West Champaran
6. The Member, Board of Revenue, Old Secretariat, Patna .... .... Respondents / Respondents =========================================================== Appearance:
For the Appellant/s : Mr. Sri Nandan Singh and Mr. Sanjay Kumar No. 7, Advocates.
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG 13 and Mrs. Sunita Kumari, AC to AAG 13.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 29-08-2017 The best which could be done in the given facts as well as the position which emerges from the reading of the report of the Additional Collector, on which much emphasis was placed even by the counsel for the appellant, has accrued in favour of the appellant in the observation given by the learned Single Judge. This Court can only expand the observation to mean that it can also mean other forums besides the Civil Court and it will not be
Patna High Court LPA No.1649 of 2015 dt.29-08-2017 2/2 restricted to the issue of possession, declaration but even cancellation of the Jamabandi which has been done.
Nothing more is required to be said over and above what has already been observed by the learned Single Judge. Appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.08.2017 Transmission Date N/A