Patna High CourtCWJC/2417/2015dfd for non appearance

Raju Mahto @ Raju Kumar Mahto v. The State Of Bihar And ORS

2015-08-07Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2417 of 2015 ======================================================

1. Raju Mahto @ Raju Kumar Mahto Son of Late Mannu Mahto Resident of Village-Gopi Nagar, Parsa, Kamlapur, P.S.-Barhara Khoti, DistrictPurnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Purnea.

2. The Deputy Collector Land Reforms, Dhamdaha, District-Purnea.

3. The Superintendent of Police, District-Purnea.

4. The Office Incharge of P.S.-Barahara,

5. Ganuary Mahto Son of Late Mohan Mahto

6. Suresh Mahto Son of Ganauri Mahto

7. Ratan Mahto Son of Late Chamru Mahto

8. Umesh Mahto

9. Ghutho Mahto

10. Bhushan Mahto, all son of Ratan Mahto

11. Domi Mahto

12. Jaychand Mahto Both sons of Jay Narayan Mahto all resident of Village-Gopi Nagar Parsa, P.O.-Kamalpur, P.s.-Barhara, District-Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri, Adv. For the Respondent/s : Mr. J.P. Karan, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-08-2015 None appears on behalf of the petitioner.

Mr. Sidharth Prasad A.C. to A.A.G. 4 appears and files counter affidavit and with reference thereto it is stated that in so far as his dispossession from the land purchased by the petitioner is concerned the remedy for the petitioner would lie before the civil court. While making such submission Mr. Sidharth Prasad also refers to the affidavit of the Superintendent of Police to submit that though there is a civil dispute brewing between the

Patna High Court CWJC No.2417 of 2015 (2) dt.07-08-2015 2/2 two private parties but the report of the Station House Officer present at Annexure-B to the counter affidavit of the Superintendent of Police manifests that the matter stands resolved. He further submits that dispute arising from Basgit Parcha are to be raised before the Collector of the district. Taking note of the circumstances as well as the fact that none appears on behalf of the petitioner, the application is dismissed for non prosecution.

(Jyoti Saran, J) Bibhash/- U