Avinash Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5115 of 2005 ====================================================== Avinash Singh son of late Ram Sewak Singh, resident of villageGhoshwar, P.S. Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Vaishali at Hajipur.

3. The Land Reforms Deputy Collector, Hajipur.

4. Anchal Adhikari, Hajipur.

5. Shiv Deyal Singh @ Shrideyal Singh son of late Rajendra Singh @ Ramlochan Singh, resident of village- Paterha Jairam, P.S. Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Kant Shukla, Adv. Mr. Shakti Suman Kumar, Adv.

For the Respondent No.5(i) & (ii) : Mr. S.N.P. Singh, Adv. Mr. Surendra Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-07-2016 Heard the parties.

The matter at issue is the claim of the petitioner for mutation of the lands in question, fully detailed in paragraph-1 of the writ petition itself. By concurrent findings of facts recorded by the original authority, i.e. the respondent Circle Officer, Hajipur the appellate authority i.e. the respondent D.C.L.R., Hajipur as also the revisional authority i.e. the respondent District Collector, Vaishali, vide orders contained in Annexure4,5 and 6 respectively, the claim of petitioner for mutation of his name with respect to the lands in question has been rejected. In above view of the matter, the present writ petition is dismissed. However, a liberty is granted to the petitioner to approach the civil court of competent jurisdiction for getting his right, title and possession declared over the lands in question, after impleading all the necessary parties, including the private respondent no.5, besides other private individuals, if any.

(Birendra Prasad Verma, J) BTiwary/- U