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Patna High CourtCWJC/11293/2013disposed

Bishwanath Muni And ORS v. The State Of Bihar And ORS

2017-08-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11293 of 2013 ======================================================

1. Bishwanath Muni S/O Late Ghunshi Muni Resident Of Village- Khagaha Rupaspur, Pahartol, P.S.- Mirganj, District- Purnea.

2. Lakhan Muni S/O Late Matuki Muni, Resident Of Village- Khagaha Rupaspur, Pahartol, P.S.- Mirganj, District- Purnea.

3. Bishun Mandal Muni S/O Late Bhuthai Muni Resident Of VillageKhagaha Rupaspur, Pahartol, P.S.- Mirganj, District- Purnea.

4. Parshuram Muni S/O Late Fatuli Muni, Resident Of Village- Khagaha Rupaspur, Pahartol, P.S.- Mirganj, District- Purnea.

5. Brahmadeo Muni S/O Late Panchu Muni Resident Of Village- Khagaha Rupaspur, Pahartol, P.S.- Mirganj, District- Purnea. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Purnea.

2. The Collector, Purnea.

3. D.C.L.R Dhamdahan, Purnea.

4. Anchal Adhikari, Dhamdahan, Purnea.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-08-2017 No one appears on behalf of the petitioners on repeated calls. Learned counsel for the State is present. It would appear from perusal of the record that vide order dated 20.06.2014 this Court disposed of this writ petition giving liberty to the petitioners to file a detail representation along with the order of this Court before the Circle Officer, who will be obliged to decide the issue and if the petitioners are found in possession, the Circle Officer will direct the Halka Karmchari to issue receipts in favour of the petitioners.

Patna High Court CWJC No.11293 of 2013 (3) dt.01-08-2017 2/2 However, against the aforesaid order dated 20.06.2014 Civil Review No. 255 of 2014 was filed before this Court and this fact was brought to notice of the court that prior to passing the order dated 20.06.2014, the Collector, Purnea, had declared that there was no surplus land of Ramesh Choudhary on whose lands, the petitioners claimed their right on the basis of issuance of redcards. This Court vide order dated 28.02.2016 passed in civil Review No. 255 of 2014 recalled the order dated 20.06.2014 passed in the present writ petition and gave liberty to the parties to take legal recourse in accordance with law. After recall of order dated 28.02.2016, office again placed this matter before the Bench.

In my view, when this Court has already held in Civil Review no. 255 of 2014 that the basis of claim of the petitioners had already vanished, there is no need to keep this petition pending and accordingly, this petition stands disposed of. (Hemant Kumar Srivastava, J) N.K/- U