Patna High CourtCWJC/12111/2003dismissed

Alok Kumar Singh v. The State Of Bihar And ORS

2016-09-26Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12111 of 2003 ====================================================== Sharda Devi W/o Late Dineshwar Prasad Singh (Expunged vide order dated 16.09.2009 and substituted by her following heirs and legal representative) Alok Kumar Singh son of Late Dineshwar Prasad Singh, resident of village Bilandpur, P.S. and Anchal Mahua, District Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Tirhut Division, Muzaffarpur

2. The Addl. Collector, Vaishali at Hajipur

3. The D.C.L.R., Mahua, District Vaishali

4. The Circle Officer, Mahua, District Vaishali

5. Smt.Asha Sinha W/o Paras Nath Singh

6. Smt. Malti Devi W/o Sheoji Singh

7. Smt.Shakuntala Devi W/o Krishna Kumar Singh Respondent Nos. 5 to 7 are resident of Village Bilandpur, P.S. & Anchal, Mahua, District Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Singh, Advocate Mr. Abhay Kumar, Advocate For the Respondent Nos. 1 to 4: Mr. AC to SC 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-09-2016 Heard the parties.

The petitioner is aggrieved by the order dated 03.07.2002 passed in Mutation Revision Case No. 9 of 19992000 by the respondent Divisional Commissioner, Muzaffarpur, as contained in Annexure-5 to the writ petition, whereby after setting aside the order of the respondent Additional Collector, Vaishali at Hajipur, matter has been remanded back for fresh consideration and decision by the Additional Collector, Vaishali at Hajipur. Since by the impugned order, the matter has been remanded back and it has to be decided afresh on merits, therefore, this Court is not inclined to interfere with the impugned order dated 03.07.2002 (Annexure-5). Accordingly, the writ

Patna High Court CWJC No.12111 of 2003 (5) dt.26-09-2016 2/2 petition is dismissed.

However, the petitioner shall be at liberty to raise all the issues of facts and law, which may be available to him, if the matter is still pending before the Additional Collector, Vaishali at Hajipur in view of the aforesaid order of remand. (Birendra Prasad Verma, J) Tahir/- U