Shatrundam Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8442 of 2019 ====================================================== Shatrundam Shahi S/o Late Ranvijay Sahni Village and P.o.- Dumariya, p.s.- Shikarpur, distt.- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar through Revenue and Land Reforms Department 2.

Commissioner Tirhut Division, Muzaffarpur 3.

The Collector West Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. S.S. Dvivedi, Senior Advocate Mr. Parth Gaurav, Advocate For the Respondents :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2019 Aggrieved by an order passed by the Collector, Bettiah, West Champaran, in land Ceiling Case No. R.M. 60/1973-74, dated 22.01.2019, an appeal has been preferred, giving rise to Land Ceiling Appeal No. 30/2018-19, before the Commissioner, Tirhut Division, Muzaffarpur.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that during pendency of the appeal before the Commissioner, Tirhut Division, Muzaffarpur, the Collector, Bettiah, West Champaran, is proceeding on the basis of his order passed in January, 2019 and, therefore, the petitioner is seeking protection in the meanwhile from this Court.

Learned Senior Counsel has also submitted that the

Patna High Court CWJC No.8442 of 2019(2) dt.25-04-2019 2/2 Commissioner, Tirhut Division, Muzaffarpur, is not holding the Court and is not hearing the appeal.

In my opinion, since the matter is pending before the Commissioner, Tirhut Division, Muzaffarpur, against the order of the Collector, Bettiah, West Champaran, it would not be appropriate for this Court to pass any interim order at this stage. It is, however, directed that if any application is filed by the petitioner before the Commissioner, Tirhut Division, Muzaffarpur, seeking any interim order or if such application has already been filed, the same must be considered and decided within a fortnight from the date of receipt/production of a copy of this order.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U