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Patna High CourtL.P.A/1712/2016dismissed

Mohan Das And ORS v. The State Of Bihar And ORS

2017-11-08Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1712 of 2016 IN Civil Writ Jurisdiction Case No. 13030 of 2010 ===========================================================

1. Mohan Das

2. Sohan Das Both Sons of Late Fagu Das Resident of Village - Sasundanpur, Police Station - Asarganj, District - Munger.

3. Most Urmila Devi Wife of Late Charitra Das Resident of Village - Sasundanpur, Police Station - Asarganj, District - Munger. .... .... Petitioners - Appellants

Versus

1. The State of Bihar through the Collector, Munger, District - Munger.

2. The Sub Divisional Officer, Tarapur.

3. The Superintendent of Police, Munger.

4. The Circle Officer, Asarganj, Police Station - Asarganj, District - Munger.

5. Pramod Das son of Bidesi Das Resident of Village - Masudanpur, Police Station - Asarganj, District - Munger.

6. Hemant Das Son of Bidesi Das Resident of Village - Masudanpur, Police Station - Asarganj, District - Munger.

7. Rajesh Das Son of Sipal Das Resident of Village - Masudanpur, Police Station - Asarganj, District - Munger.

8. Naresh Das Son of Late Matru Das Resident of Village - Masudanpur, Police Station - Asarganj, District - Munger.

.... .... Respondents - Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Dhananjay Kumar, Advocate. For the Respondent/s: Mr. Anant Pd Singh, AC to SC 15 Mr. Alok Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 08-11-2017 Heard learned counsel for the appellants and learned counsel for the respondents State.

Perused the impugned order dated 02.08.2016. The dispute being such which are contentious in nature in relation to settlement of

Patna High Court LPA No.1712 of 2016 dt.08-11-2017 2/2 land in favour of the private respondents. The learned Single Judge refused to exercise discretion under Article 226 of the Constitution of India and dismissed the Writ Application with liberty to the petitioner to move any forum or authority.

Be that as it may, no interference is warranted with the order of the learned Single Judge.

Appeal has no merit. It is dismissed.

Dismissal of the appeal shall not come in the way of the appellants seeking remedy in law.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.11.2017 Transmission Date N/A