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Patna High CourtCWJC/15099/2015disposed

Vijay Kumar v. The State Of Bihar And ORS

2019-03-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15099 of 2015 ====================================================== Vijay Kumar Son of Late Shiv Sharan Prasad alias Shiv Charan Prasad, Resident of Village and P.O.- Akair, Police Station- Chandi, Anchal- Nagar Nausa, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Nalanda at Biharsharif.

3.

The Additional Collector, Nalanda at Biharsharif. 4.

The D.C.L.R., Hilsa, District- Nalanda.

5.

The Cirlce Officer, Nagar Nausa, Police Station- Chandi, District- Nalanda. 6.

Ram Saroop Singh son of Late Girdhari Singh, Resident of Village and P.O.- Akair, Police Station- Chandi, Anchal- Nagar Nausa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lala Sachindra Kumar with Mr.Ashok Kumar Sinha No.-2 For the Respondent/s :

Mr.Kumar Kamal Nayan, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-03-2019 This writ application has been filed seeking quashing of notice dated 04.07.2015 issued by the Additional Collector, Nalanda for cancellation of Jamabandi in the name of the father of the petitioner in respect of a piece of land. Learned counsel appearing on behalf of the petitioner has submitted that during the pendency of this application, the Additional Collector, Nalnda has passed final order on 02.05.2016 against which an appeal has been preferred before the Collector, Nalanda, which is pending.

Patna High Court CWJC No.15099 of 2015(3) dt.07-03-2019 2/2 Mr. Lala Sachindra Kumar, learned counsel appearing on behalf of the petitioner has submitted that notice of initiation of proceeding for cancellation of Jamabandi, which is under challenge was itself beyond jurisdiction in the absence of any petition for cancellation of Jamabandi.

I do not intend to comment upon submission which Mr. Lala Sachindra Kumar has made. Since the appeal is pending before the appellate revenue Court, the petitioner shall be at liberty to raise all the points which has been raised in the present writ application, before the Commissioner in appeal proceeding.

This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U