Patna High CourtCWJC/2149/2016dismissed

Ajay Sah And ANR v. The State Of Bihar And ORS

2016-11-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2149 of 2016 ======================================================

1. Ajay Sah, son of Govind Lal Sah

2. Rajendra Sah, son of Late Padma Lal sah, Both resident of Village- Parora, Police Station- Krityanand Nagar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Member Administrative, the Bihar Land Tribunal, Patna.

3. The Deputy Collector, Land Reforms at Sadar, Purnea.

4. Most. Uma Devi

5. Manoj Singh

6. Sanoj Singh

7. Gurudeo Kumar,

8. Mangal Kumar, All resident of Village- Parora, P.s.- Krityanand Nagar, District- Purnea.

9. The District Magistrate, Purnea.

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

For the Petitioner/s : Mr. Ajey Kumar, Adv. For the Respondent Nos. 1 to 3& 9:Mr. Anant Pd. Singh, SC-15 Mr. Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-11-2016 Heard.

The petitioners are aggrieved by the order dated 13th October, 2015 passed in B.L.T. Case No. 420 of 2013 by the learned Bihar Land Tribunal, Patna, as contained in Annexure-5 to the writ petition, whereby the matter has been remitted back to the respondent D.C.L.R., Sadar, Purnea, with a direction to constitute a fresh Batai Board in terms of Section 48E of the B.T. Act and decide the claim of the parties afresh, after giving an opportunity of hearing to them.

In view of the fact that the matter has been remitted back and the petitioner will be entitled to raise all the issues of fact and law with respect to the lands in question before the respondent

Patna High Court CWJC No.2149 of 2016 (2) dt.22-11-2016 2/2 D.C.L.R., Sadar, Purnea, this Court is not inclined to accede to the prayer made on behalf of the petitioners in the present writ petition.

The writ petition is devoid of merit and is, accordingly, dismissed, but without costs.

(Birendra Prasad Verma, J) BTiwary/- U