Patna High CourtCWJC/5021/2014dismissed

Smt. Leela Devi And ORS v. The State Of Bihar And ORS

2016-10-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5021 of 2014 ======================================================

1. Smt. Leela Devi W/O - Shri Anand Shankar Singh, D/O - Late Brij Kishore Prasad Singh Wrongly Named Brij Kishore Narayan Singh

2. Maharana Pratap Singh S/O - Late Brij Kishore Prasad Singh Wrongly Named Brij Kishore Narayan Singh

3. Rakesh Kumar Singh S/O - Maharana Pratap Singh All Resident Of Ramjichak, Digha, P.S. - Digha, District - Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Divisional Commissioner, Patna Division, Patna

3. The District Magistrate, Patna

4. The Superintendent Of Police, Patna

5. The Deputy Collector Land Reforms, Patna Sadar, Patna

6. The Circle Officer, Patna Sadar, Patna

7. The Officer-In-Charge, Digha, P.S. District - Patna

8. Dr. Umeshwar Prasad Singh S/O - Late Chandeshwar Prasad Singh R/O - Mohalla - Nirala Nagar, P.S. - Digha, District - Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Pramod Kumar Singh, A.C. to S.C.-16 Mr. Rajesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-10-2016 The order under challenge is the offshoot of Land Dispute Case No. 58 of 2013-14. The private respondent filed a proceeding before the D.C.L.R. against the writ petitioner vide Land Dispute Case No. 58/2013-14. The same was decided in favour of the private respondent. Aggrieved thereby, an appeal was preferred by the petitioner vide Appeal No. 18/2014. During the pendency thereof, an order was passed by the D.C.L.R., the legality whereof is challenged in the present writ petition. The Court heard the matter on 12.03.2014.

Patna High Court CWJC No.5021 of 2014 (3) dt.03-10-2016 2/2 Today, the Counsel for the private respondent informs the Court that the pending appeal has now been decided finally by the appellate authority in favour of the appellant (petitioner) against which respondent no. 8 had filed an application before the Bihar Land Tribunal, Patna which is pending consideration. On the basis of aforesaid, it has rightly been contended that the application prima facie has become infructuous which seems the reason for not appearing the petitioner to press the case.

The application is dismissed.

(Kishore Kumar Mandal, J) Pankaj/- U