Dr. Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1850 of 2016 In Civil Writ Jurisdiction Case No.18979 of 2008 ====================================================== Dr. Vijay Kumar Son of Late Ramchandra Prasad Resident of MohallaStation Road Gali, P.S.- Khusrupur, District- Patna. ... ... Appellant/s

Versus

1. The State of Bihar.

2. The Collector, Patna

3. The Deputy Collector, Land Reforms, Patna.

4. The Circle Officer, Fatuha, District- Patna.

5. Sant Prasad Son of Late Mahendra Prasad Resident of Village- Khusrupur, P.O. & P.S.- Khusrupur, District- Patna.

6. Devendra Prasad Swarnkar S/o Late Laxmi Sao Swarnkar resident of VillageSaffipur at present residing at Arya Samaj Road, Khusrupur (Jewellary Shop), P.O. & P.S.- Khusrupur, District- Patna.

7. Surendra Choudhary Son of Late Dwarika Choudhary

8. Ramdeo Choudhary Son of Late Soukhilal Choudhary

9. Mosmat Jhujhan Devi Wife of Late Shital Choudhary Respondent No.7 to 9 are resident of Village- Rukanpura, P.S.- Bakhtiyarpur, District- Patna at present residing at Mohalla- Ratu Road, Ranchi, P.S.- Sukhdeo Nagar, District- Ranchi (Jharkhand).

10. Ramnandan Prasad

11. Naresh Prasad

12. Ashok Kumar

13. Arvind Kumar & Munna Kumar

14. Dilip Kumar Respondent nos. 10 to 14 are sons of Late Debrat Prasad

15. Smt. Mina Devi Wife of Sri Kamleshwar Prasad

16. Smt. Tunni Devi Wife of Sri Ramanand Prasad

17. Smt. Nilam Devi Wife of Ajay Prasad

18. Smt. Munni Devi Wife of Mahendra Prasad

19. Smt. Geeta Devi Wife of Mahendra Prasad

20. Smt. Sangeeta Devi Wife of Sunil Kumar, Respondent nos. 15 to 20 are married daughters of Late Debrat Prasad All are resident of VillageKhusrupur, P.O. & P.S.- Khusrupur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr Suraj Narayan Yadav Mr. Umesh Prasad For the State :

Mr. Shankar Kumar, AC to AAG 7 For Respondent No.5 :

Mr Vijay Anand Mr DhananjayNath Tiwari For Respondent No.6 :

Mr Manoj Kumar Sinha For Respondent No. 10 :

Mr Dilip Kumar Sinha ======================================================

Patna High Court LPA No.1850 of 2016 dt.12-02-2018 2/3 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 12-02-2018 Heard counsel for the parties.

Writ application of the appellant has been dismissed by the learned Single Judge vide order dated 22.08.2016. The reason for doing so was the concurrent finding of facts in a matter relating to mutation by the Circle Officer, Fatuha, which is order dated 31.07.1993, as well as the order passed by the learned DCLR, Patna City, dated 30.12.1993, in appeal. It is a rather detailed considered order and the revision preferred by the appellant along with one Deobrat Prasad having been dismissed on 13.12.2007. In this background and keeping in mind that the Circle Officer in his order way back had recorded his opinion that this is a matter of right, title and interest for which only a declaration from civil court of competent jurisdiction can help to beget the present appellant the right for mutation, if he is looking for one. This Court also does not find any infirmity with all the orders, which have been passed against the appellant by the revenue authorities, and, therefore, the appellant has no shortcut but to approach a civil court of competent jurisdiction for a

Patna High Court LPA No.1850 of 2016 dt.12-02-2018 3/3 declaration. At this juncture, no interference is required to be made with the order of the learned Single Judge because we do not find any infirmity in the same.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 12.02.2018 Transmission Date NA