Md. Akbar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1803 of 2015 ===========================================================

1. Md. Akbar Son of Abdul Halim Resident of vill-Dhangama,P.S-Korha,Distt.- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Katihar

3. The Deputy Collector, Land Reforms,Katihar

4. The Circle Officer, Korha, Distt.-Katihar

5. Mehrun Nisa W/O Md. Aiyub Resident of Vill-Sheikhpura Dhangama,P.SRanipatra,Distt.-Purnea. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataur Rahman For the Respondent/s : Mr. SC11- ASHOK KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 02-02-2015 Heard Counsels for the petitioner and the State. The petitioner filed an application vide Mutation Case No. 1085 of 2009-10 which was allowed. Aggrieved thereby, the private respondent filed appeal before the respondent Deputy Collector, Land Reforms. By the impugned order (Annexure-3), the Appellate Authority finding the apparent illegalities in the order set aside the same and remitted the case back to the Circle Officer for fresh adjudication and disposal.

Learned counsel for the petitioner, after making submissions at some length, fairly states that the order is revisable and as such he would seek liberty of the Court to assail the said order

Patna High Court CWJC No.1803 of 2015 dt.02-02-2015 before the Revisional Authority.

Considering the said stand taken by the petitioner, Counsel for the State has raised no objection. Having heard the parties, the writ application is disposed of granting the petitioner liberty to assail the said order before the Revisional Authority in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U