Bhirgu Saw And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.725 of 2014 In Civil Writ Jurisdiction Case No.12131 of 2013 ======================================================
1. Bhirgu Saw S/o Late Lakhan Saw Resident of village/Mohalla - Ambedkar Nagar, Near Mahesha Higher Secondary School, Police Station - Gardanibagh, Patna.
2. Munni Lal Prasad Singh S/o Late Phuleshwar Singh Resident of village/Mohalla - Ambedkar Nagar, Near Mahesha Higher Secondary School, Police Station - Gardanibag, Patna
3. Binod Mistry S/o Sri Sita Mistry Resident of village/Mohalla - Ambedkar Nagar, Near Mahesha Higher Secondary School, Police Station - Gardanibag, Patna
4. Ram Pravesh Paswan S/o Sri Ram Briksh Paswan Resident of village/Mohalla - Ambedkar Nagar, Near Mahesha Higher Secondary School, Police Station - Gardanibag, Patna ... ... Appellant/s
Versus
1. The State of Bihar through Principle Secretary, Irrigation Department, Govt. of Bihar, Patna
2. The Collector, Patna
3. The Deputy Collector Land Reform, Patna.
4. The Sub-Divisional Officer, Patna
5. The Circle Officer, Patna.
6. Hirdyanand Singh son of Sri Bhikhan Das Resident of Mitra Mandal Colony, P.O. Anishabad, P.S. - Phulwari, District - Patna. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ranjan Kr. Dubey Mr Parth Gaurav For the Respondent/s :
Mr. Ranjan Kumar, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 06-04-2018 After having heard learned counsel for the appellants extensively as well as counsel for the State, there are two significant aspects of the matter, which cannot be lost sight of. One, that in the given nature of the dispute, the learned Single Judge referred the matter to the District Magistrate to decide the
Patna High Court LPA No.725 of 2014(4) dt.06-04-2018 2/2 appeals, which were pending within a time frame, and second, that the appeals have been disposed of by the District Magistrate, Patna as far back as 29.04.2014 and a copy of the said order has already been brought on record in the affidavit filed on behalf of State authorities, way back on 14.08.2014, copy of which was also served upon the counsel for the appellants.
In view of the above, the remedy for the appellants would be to assail the order dated 29.04.2014, which has been brought on record as Annexure- E to the counter affidavit. The appeal stands disposed off in terms of the above. (Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk U