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Patna High CourtCWJC/1891/1997disposed

Lalan Mandal And ORS v. The State Of Bihar And ORS

2015-06-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1891 of 1997 ======================================================

1. Lalan Mandal , son of Late Ramadhin Mandal

2. Kaleshwar Mandal, son of Sant Lal Mandal

3. Umesh Prasad Niraj, son of Shivnarayan Mandal

4. Jagatlal Mandal, son of Gorey Lal Mandal

5. Charan Mandal, son of Late Chamaru Mandal No.1 and 4 residents of village- Arajpur, Amanti Tola, and others of Sadhu Tola, P.S. and Anchal- Chousa, District- Madhepura .... .... Petitioners

Versus

1. The State of Bihar

2. Collector-cum- District Magistrate, Madhepura, District-Madhepura

3. The Land Reforms Deputy Collector ( L.R.D.C.), Udakishanganj, District- Madhepura

4. The Anchala Adhikari, Chousa, District- Madhepura

5. Kamleshwari Chaudhary, son of Late Banarsai Choudhary

6. Upendra Chaudhary, son of Late Shivnarayan Chaudhary Both no. 5 and 6 resident of village- Dholbaja, P.O. & P.S. Dholbaja Bazar, District- Bhagalpur

7. Jitendra Chaudhary

8. Maheshwar Chaudhary, both sons of Late Hargovind Chaudhary

9. Mahesh Chaudhary

10. Jagmohan Chaudhary

11. Nanhku Chaudhary

12. Polo Chaudhary, all sons of Late Asharfi Chaudhary

13. Mahendra Chaudhary

14. Shashidhar Chaudhary

15. Bhola Chaudhary, all sons of Late Ramji Chaudhary

16. Bishun Mandal, son of Late Kishun Mandal

17. Asharfi Mandal, son of Late Bhojal Mandal

18. Sukhadeo Mandal

19. Kamleshwari Mandal, both sons of Late Supahi Mandal, Sl. No.7 to 12 of village and P.S. Kahalgaon, District- Bhagalpur Sl.no.13 to 15 of village- Dholbaja, P.S. Dholbaja, District- Bhagalpur, Sl.No.16 to 19 are resident of village- Amanti Tola, Arajpur, P.S. Chausa, District- Madhepura .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Respondent/s : Mr. (Gp2) Mr. Mahendra Prasad Bhartee Mr. Nand Kishor Preasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

Patna High Court CWJC No.1891 of 1997 (15) dt.29-06-2015 29-06-2015 On 14.05.2015, it was informed by learned counsel for the private Respondents that the petitioners have preferred an appeal under Section 106 of the B.T. Act and at the same time, they have filed the writ application. Thereafter, the case was directed to be listed under the heading "For Orders". On the last date i.e. 23.06.2015, on the prayer made by learned counsel for the petitioners, the case was got adjourned. Today again same prayer is being made.

The prayer for adjourning the case stands refused. Keeping in view the submission made by learned counsel for the Respondents in the order dated 14.05.2015 that the petitioners have already preferred an appeal under Section 106 of the B.T.Act, there is no need to keep the matter pending. The writ petition stands disposed of.

If so advised, the petitioners may pursue the appeal. (Rakesh Kumar, J) NKS/- U