Sk.Riyazul v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1478 of 2009 ====================================================== Sk. Riyazul son of Late Sk. Majit, Residence of Village - Singhiyan Sundar Toli, Chhapan, Police Station - Bhawanipur, District - Purnea. .... .... Petitioner

Versus

1. The State of Bihar

2. The Collector, Purnea.

3. Most. Uma Devi wife of Late Shailendra Kumar Sinha, Resident of Village - Brahmgayani, Police Station - Bhawanipur, District Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Hussain For the Respondent/s : AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

30-04-2015 Heard learned counsel for the petitioner and learned A.C. to Govt. Pleader - 10.

The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of an order dated 08-07-2008 passed by the learned Collector, Purnia in Misc. Ceiling No. 34 of 2007, whereby the learned Collector has rejected the petition filed under Section 9(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, whereby in sum & substance, a prayer was made for reopening of the case after the land in question was declared as surplus. The learned Collector has rejected the application on the ground that he was not having any jurisdiction to re-open the case. The petitioner claimed that he

Patna High Court CWJC No.1478 of 2009 (3) dt.30-04-2015 2/2 was a purchaser.

I have perused the impugned order. I do not find any defect in the order of the Collector.

Accordingly, the petition stands dismissed.

If the petitioner feels to pursue the matter, in view of the observation given by the Collector, he would be at liberty to avail the same.

(Rakesh Kumar, J.) Anay/- U