Patna High CourtL.P.A/1742/2015dismissed

Mangal Raut @ Mangal Yadav v. The State Of Bihar And ORS

2017-10-10The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1742 of 2015 IN Civil Writ Jurisdiction Case No. 7323 of 2009 =========================================================== Mangal Raut @ Mangal Yadav, son of Late Saryug Raut, resident of villageChhardwali Tola Belwa, Ps- Lauriya at present Sathi P.S., District- West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar

2. The Collector West Champaran at Bettiah

3. The Deputy Collector Land Reforms, Narkatiyaganj, District- West Champaran.

4. Anchal Adhikari, Lauriya Anchal, District- West Champaran.

5. Bhikari Yadav son of Late Jata @ Jatabha Yadav, resident of village- Chhardwali Tola Belwa, Ps- Lauriya at present Sathi P.S., District- West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ganpati Trivedi, Sr. Advocate Mr. Madan Mohan and Ms. Pallavi Pandey For the Respondent/s : Mr. Waliur Rehman =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-10-2017 Seeking exception to an order dated 14.08.2015 passed by the learned Writ Court in CWJC No. 7323 .of 2009 this appeal has been filed under Clause 10 of the Letters Patent. In the mater of mutation, ownership and title of the land in question the learned Writ Court has found that essentially it is the dispute of title and the revenue authorities cannot decide the question of title in a mutation proceeding, has dismissed the writ petition upholding the order of the revisional authority in the

Patna High Court LPA No.1742 of 2015 dt.10-10-2017 2/2 Revenue Case and relegated the parties to take recourse to the remedy for filing a suit before a court of competent jurisdiction for grant of appropriate relief ventilating their rival claim. In view of the facts and circumstances of the case and the dispute involved, in our considered view, we see no error in the order passed by the learned Writ Court warranting reconsideration. The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12/10/2017 Transmission Date N.A.