Patna High CourtCWJC/3839/1993dismissed

Nandlal Sah v. State And ORS

2015-04-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3839 of 1993 ====================================================== Nandlal Sah son of Late Shiv Sah, resident of village- Bishanpur @ Bishanpur Basant PS Saraiya District Muzaffarpur .... .... Petitioner

Versus

1. State & Ors

2. Joint Director of Consolidation, Muzaffarpur

3. Deputy Director of Consolidation, Muzaffarpur

4. Consolidation Officer, Saraiya, Muzaffarpur

5. Ram Chandra Sah son of Khelawan Sah

6. Smt. Roshni Devi W/o Ram Chandra Sah

7. Smt. Basmati Devi W/o Rajdeo Sah .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. S. M. Iqbal Hasan Rahmani For the Respondents : Mr. Rajesh Kr. Sharma, AC to GP 2 Mr. Naresh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-04-2015 This is an application seeking quashing of an order dated 03.01.1993 passed by Joint Director, Consolidation, Muzaffarpur whereby, he has quashed an order passed by the Assistant Consolidation Officer in Case No. 651/87 and has restored earlier orders passed with respect to same dispute, in case No. 39/ 484, 36/ 481 of 1987 and 40/465 of 1987. Despite repeated queries made by this court as to where are the orders passed in case No. 39/ 484, 36/ 481 of 1987 and 40/465 of 1987, learned counsel for the petitioner has not given any satisfactory reply nor intends to bring those orders on record.

Learned counsel for the petitioner has relied upon certain judgements, i.e., 2001 (4) PLJR 495 (Punya Mani Devi & Ors. v. the State of Bihar & Ors), 2014 (1) PLJR SC 64 (Rohit

Patna High Court CWJC No.3839 of 1993 (4) dt.28-04-2015 2/2 Chauhan v. Surinder Singh) and 2014 (1) PLJR 322 (Subhamati Devi & Ors v. Awadhesh Kumar Singh). However, such judgements cannot be applied in the facts and circumstances of the present case where the pleadings are insufficient. This writ application is dismissed in absence of sufficient pleadings.

(Chakradhari Sharan Singh, J) BKS/- U