Bashishtha Shukla v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14749 of 2004 ====================================================== Bashishtha Shukla son of Late Jagarnath Shukla, resident of village Sonbarsa, P.S.Belaon, District Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector-cum-District Magistrate, Kaimur at Bhabhua

3. D.C.L.R., Bhabhua, Dist. Kaimur

4. The Circle Officer, Rampur, District Kaimur at Bhabhua

5. Girija Devi w/o Rameshwar Shukla

6. Rameshwar Shuykla son of Raj Nath Shukla, resident of village Sonbarsa, P.S.Belaon, District Kaimur at Bhabhua .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate Mr. Sourendra Paney, Advocate For the Respondent Nos. 1 to 4 : Mr. Krishna Kumar, AC to GP 26 For the Respondent Nos. 5 & 6 : Mr. Rajesh Kumar, Advocate Mr.V.K.Seth, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-02-2016 Heard the parties.

The petitioner is aggrieved by order dated 06.05.2004 passed in Mutation Revision Case No. 1 of 2002-2003 by the respondent District Collector, Kaimur (Bhabhua), as contained in Annexure-4 to the writ petition, whereby the aforesaid mutation revision filed on behalf of the respondent no.5 was allowed and the order passed by the appellate authority was set aside and that of the original authority was affirmed.

Though, the matter has been argued by learned counsel for the petitioner for quite a some time, but the issues raised by him are essentially the issues of facts with respect to the lands in question, which cannot be gone into in the present proceeding filed under Article 226 of the Constitution of India. In above view of the matter, the present writ petition

Patna High Court CWJC No.14749 of 2004 (8) dt.26-02-2016 2/2 is dismissed.

However, the petitioner, if so advised, shall be at liberty to approach the civil court of competent jurisdiction for grant of appropriate relief (s) with respect to the lands in question. (Birendra Prasad Verma, J) Tahir/- U