Divakant Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10602 of 2015 ====================================================== 1.

Divakant Singh Son of Late Bindeshwari Singh Resident of VillageKhairidih, P.O.- Khutha, P.S.- Morkati, District- Khagariya. 2.

Ruby devi Wife of Shri Lalan Singh, R/o Village- Khutha P.S.- Morekahi, District- Khagaria.

3.

Ranju Devi Wife of Vijay Kumar Singh 4.

Sri Shyasharan Sah Son of Late Srisah 5.

Shri Nevu Yadav Son of Late Mahesh YAdav 6.

Smt. Nilam Devi Wife of Shri Sato Paswan All R/o Village- Khutha P.S.- Marekahi, District- Khagaria. 7.

Maya Pandit Son of Rameshwar Pandit R/o Village- Parihara, P.S.- Baliya, District- Begusarai.

8.

Smt. Dropadi Devi Wife of Kamleshwari Sah, R/o Village- Khutaha P.S.- Maurkahi, District- Khagaria.

9.

Smt. Tusiya Devi Wife of Rameshwar Mahto, R/o Village- Khutaha P.S.- Alauli District- Khagaria.

10.

Raman Kumar Son of Late Harish Chandra Prasad Singh R/o VillageKhairadih P.S.- Morekahi, District- Khagaria. 11.

Amt. Ambika Devi Wife of Lakhan Mahto Menserpur P.S.- Badiya DistrictBegusarai. 12.

Ghina Thakur Son of Ram Prasad Thakur, R/o Village- Dahma Khairi Khutaha P.S.- Alauli District- Khagaria.

13.

Smt. Basanti Devi Wife of Baban Midhra R/o Village- Damhu Kutah P.S.- Alauhi District- Khagaria.

14.

Smt. Jhalo Devi Wife of Sri Vishwanath Poddar R/o Village- Dahma @ Khairi Khutaha Tola Khutaha Farkiya P.S.- Aluli District- Khagaria. 15.

Ashok Kumar Mishra Son of Pandit Baban Mishra R/o Village- Dahma @ Khairi Khutaha P.S.- Laulo District- Khagaria. 16.

Jai Narayan Sharma, Son of Late Ram Khelawan Sharma R/o VillageSonmanki P.s.- Maurkahi District- Khagaria. 17.

Shankar Poddar Son of Aashiklal R/o Village- Dahma @ Kheri Khutaha Tola Kharidih P.S.- Alauli District- Khagaria. 18.

Indradeo Thakur Son of Suryadeo Thakur R/o Village- Khairi Khutaha P.S.- Marekauri District- Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Secretary cum Commissioner Department of Revenue, The Government of Bihar, Old Secretariat, Patna 3.

The Collector, Khagaria.

Patna High Court CWJC No.10602 of 2015(3) dt.01-08-2023 2/3 4.

The Collector, Samastipur.

5.

The Additional Collector, Khagaria.

6.

The Additional Collector, Samastipur.

7.

The Circle Officer, Alauli, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ajay, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2023 No one appears on behalf of the petitioners.

2. It has been mentioned at Bar by Mr. Kumar Bal Krishan, Advocate that he is associated with the chamber of counsel on record Mr. Ajay Kumar Singh and sought a short adjournment in this case.

3. From the record, it transpires that on 25.07.2023 no one appeared on behalf of the petitioners and as a matter of last indulgence, one opportunity was granted. It has also been instructed in the order that if no one shall appear on behalf of the petitioners on the next date, then appropriate order shall be passed.

4. Today counsel on record not appeared but counsel associated with him seeking adjournment.

5. Learned counsel for the State has raised preliminary objection in this case submitting that the Jamabandi Cancellation Case No. 25 of 2014 and its entire proceeding have

Patna High Court CWJC No.10602 of 2015(3) dt.01-08-2023 3/3 been challenged in the writ petition. Counsel further submits that as per his knowledge, the said Jamabandi Cancellation Case No. 25 of 2014 is still pending before the Court of Additional Collector, Khagaria.

6. From the record, it transpires that the said Jamabandi Cancellation Case No. 25 of 2014 is pending since long before the Additional Collector, Khagaria in the garb of pendency of the present writ petition i.e. CWJC No. 10602 of 2015, which was filed under Bihar Land Mutation Act, 2011 without entering into the merit and demerit of the present case. This Court directs the Additional Collector, Khagaria to pass appropriate order in accordance with law after hearing the parties in the said Jamabandi Cancellation Case No. 25 of 2014 within eight months from today, if the said case is not disposed off till date.

7. With the aforesaid direction, the present writ petition is hereby disposed off.

(Dr. Anshuman, J.) ravishankar/- U