Patna High CourtCWJC/19199/2014dismissed

Roop Kumar Sinha v. The State Of Bihar And ORS

2016-09-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19199 of 2014 ====================================================== Roop Kumar Sinha, S/O Late Pashupati Nath Sinha, resident of VillageSeikhpur, Anchal- Mushahari, P.S.- Mushahari, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. District Magistrate-cum-Collector, Muzaffarpur

3. Anchal Adhikari, Mushahari Anchal, Muzaffarpur

4. Aryan Ram, S/o Sri Yadu Ram, resident of Village- Seikhpur, P.S.- Mushahari, District- Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Respondent nos.1to3 : Mr. Harish Kumar, GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-09-2016 The present writ petition has been filed only on the basis of apprehension of the petitioner that some parcha may be issued in favour of the respondent no.4 with respect to the lands in question.

The learned GP-8 appearing on behalf of the respondent nos.1 to 3, at the very threshold, has raised the question of maintainability of the present writ petition at this stage. According to him, admittedly, no final order has been passed by the respondent Circle Officer and the matter is still pending. Therefore, it is submitted that the writ petition, at this stage, is completely misconceived and untenable. The submissions made by the learned GP-8 appearing on behalf of the aforesaid respondents appear to be correct. In the considered opinion of this Court, the writ petition is completely premature and misconceived at this stage. It is, accordingly, dismissed.

Patna High Court CWJC No.19199 of 2014 (2) dt.06-09-2016 However, the petitioner shall be at liberty to raise all the issues of facts, which have been raised in the present writ petition, before the prescribed authority, where the proceeding is said to be still pending.

(Birendra Prasad Verma, J) Arvind/- U