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Patna High CourtCWJC/4835/1996dismissed

Bindeshwari Singh And ANR v. State Of Bihar And ORS

2015-04-01Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4835 of 1996 ===========================================================

1. Bindeshwari Singh

2. Ganesh Lal Singh

3. Chhote Lal Singh All sons of late Panchu Singh, residents of village - Bhattabari, P.O. - Surpatganj, P.S. - Chhatapur, District - Saharsa .... .... Petitioner/s

Versus

1. State of Bihar

2. The Deputy Director of Consolidation (Head Quarter), Bihar, Patna authorized under section 35 of the Consolidation Act

3. The Deputy Director of Consolidation, Saharsa

4. The Consolidation Officer, Chhatapur, District - Saharsa 1st set Respondent

5. Gobardhan Singh, son of Dukha Singh, resident of village - Bhattabari, P.O. - Surpatganj, P.S. - Chhatapur, District - Saharsa Respondent 2nd Set

6. Maksudan Singh

7. Ganga Singh Both sons of Shri Chaudhary Singh

8. Ram Prasad Singh

9. Ram Lakhan Singh Both sons of Sri Ram Chandra Singh, All residents of village - Bhattabari, P.O. - Surpatganj, P.S. - Chhatapur, District - Saharsa

10. Bhola Singh, son of Shri Ram Chandra Singh, resident of village - Lalpur, P.O. - Lalpur, P.S. - Chhatapur, District - Saharsa .... .... Respondents- 4th Set .................. Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. KRISHNA BALLABHA SHARMA Mr. Brajesh Kumar Mr. Shrawan Kumar Singh For the Respondent/s : Mr. (GP2) Mr. Murli Manohar Singh Mr. Jriday Kant Mishra Mr. Surendra Kumar Mr. Md.Iftekhar Mohammad Mr. (Ga2) Mr. Manish Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 01-04-2015 *************** 01.04.2015 Heard learned counsel for the parties.

As per the stand of the parties, now that the consolidation proceedings are over in the area, the

Patna High Court CWJC No.4835 of 1996 dt.01-04-2015 2/2 dispute being raised now by the petitioner can very well be tested before a civil court of competent jurisdiction. The finding which may have been rendered by the Consolidation Officer may not hold good by itself. The civil court is free to decide the matter on the basis of evidence, which may be led by the authorities. This writ application is otherwise dismissed with liberty and observation as above.

(Ajay Kumar Tripathi, J.) SKM/- U