Niranjan Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1568 of 2016 IN Civil Writ Jurisdiction Case No. 9691 of 2011 ===========================================================

1. Niranjan Kumar Son of Tarani Prasad Singh

2. Narayan Mahto Son of Jangali Mahto

3. Mahavir Mahto Son of Hari Mahto

4. Dharmendra Mahto

5. Surendra Mahto Both Son of late Kishun Mahto

6. Subhash Mahto

7. Kundan Mahto

8. Jayant Mahto All Sons of Late Phuleshwar Mahto

9. Sonelal Mahto Son of Tarani Mahto

10. Bindeshwari Mahto Son of Ram Baran Mahto

11. Kamleshwari Mahto Son of Bharo Mahto

12. Jugal Mahto null

13. Birbal Mahto Both Sons of Late Kailash Mahto.

14. Anil Kumar son of Surya Narayan Mahto

15. Ram Chandra Mahto Son of Rupa Mahto

16. Shivnandan Mahto Son of Chander Mahto

17. Darogi Mahto Son of Tarani Mahto

18. Surendra Mahto. Son of Phulchand Mahto All Resident of Village- Bind Toli , P.S Gopalpur, District Bhagalpur.

.... .... Appellant/s

Versus

1. The State of Bihar, through the Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

3. The Commissioner, Bhagalpur Division, Bhagalpur.

4. District Magistsrate, Bhagalpur, District- Bhagalpur.

5. The Sub- Divisional Officer, Naugachia, District- Bhagalpur.

6. The Circle Officer, Gopalpur Anchal, District- Bhagalpur.

7. Vivekanand Kuer.

8. Vinodanand Kuer. Both sons of Anandi Kuer, resident of Village- Saidpur, P.S.-

Patna High Court LPA No.1568 of 2016 dt.03-11-2017 2/3 Gopalpur, District- Bhagalpur.

9. Dayanand Kuer son of Binodanand Kuer, resident of village- Saidpur, P.S.- Gopalpur, District- Bhagalpur.

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

For the Appellant/s : Mr. Rajesh Kumar Pandey For the Respondent/s : Mr. Prabhat Kumar Verma, AAG3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-11-2017 Seeking exception to an order dated 13.07.2016 passed by the learned Writ Court in CWJC No. 9691 of 2011 this appeal has been filed under Clause 10 of the Letters Patent. It seems that finding statutory alternative remedy available the learned Writ Court has relegated the parties to take recourse to the statutory remedy available and in doing so no error has been committed by the learned Writ Court. Even though by referring to an interim order passed in the writ petition earlier on 23.06.

2011, it was tried to indicate that after the settlement of the land in favour of the petitioners and after the petitioners had been in possession for 20 years, the silence of the respondents for 20 years takes away the right available to them.

Patna High Court LPA No.1568 of 2016 dt.03-11-2017 3/3 years proves to be true or is justifiable, if any, or not is itself a question of fact which is in dispute.

Keeping in view the aforesaid, we are of the considered view that no error has been committed warranting reconsideration in the matter.

The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date O7.11.2017 Transmission Date N.A.