Dilip Kumar v. Mr. Amir Subhani, The Principal Secretary, Department Of Revenue And Land Reforms

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1094 of 2019 In Civil Writ Jurisdiction Case No.4782 of 2018 ====================================================== Dilip Kumar S/o Late Chandu Rajak resident of Village- Akilabad, P.O.- Godai Sarai, P.S. Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

1.

Mr. Amir Subhani, the Principal Secretary, Department of Revenue and Land Reforms Bihar at Patna.

2.

Mr. Narmadeshwar Lal S/o Not Known at present the Commissioner Tirhut Range at Muzaffarpur.

3.

Mr. Rajiv Raushan S/o Not Known at present the District Magistrate cum Collector, Vaishali at Hajipur.

4.

Mr. Jitendra Kumar Shah S/o Not Known at present the Additional District Collector, Vaishali at Hajipur.

5.

Mr. Dinesh Kumar S/o Not Known at present the Circle Officer, Vaishali at Hajipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Advocate For the Opposite Party/s :

Mr. Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-07-2023 I.A No. 1 of 2023 Interlocutory application has been filed on behalf of the Opposite Party No. 3 (the District Magistrate cum Collector, Vaishali at Hajipur) with a prayer for exemption of payment of Rs. 5,000/- which he was directed to pay vide order dated 27.06.2023.

In view of the averment made in the interlocutory application, the District Magistrate cum Collector, Vaishali at Hajipur is exempted from making payment of Rs. 5,000/-.

Patna High Court MJC No.1094 of 2019(3) dt.13-07-2023 2/2 Interlocutory Application No. 1 of 2023 stands disposed of.

MJC No. 1094 of 2019 A show cause has been filed on behalf of the District Magistrate cum Collector, Vaishali bringing on record (Annexure-F) the decision that has been taken by him vide memo no. 692 dated 06.07.2023 and according to the reports submitted by the Joint Inquiry Committee, it was found that the same relates to private land and as such, is beyond the jurisdiction of the Collector and can be only decided in the Title Suit.

Copy of the said order has already been provided to the learned counsel for the petitioner.

In that view of the matter, no case of contempt is made out. If the petitioner so wants, can challenge the order of the Collector, Vaishali before an appropriate forum. The MCJ No. 1063 of 2019 stands disposed off. (Rajiv Roy, J) Jagdish/jyoti/- U