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Patna High CourtCWJC/8246/2011disposed

Kamleshwari Manjhi v. The State Of Bihar And ORS

2015-06-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8246 of 2011 ====================================================== Kamleshwari Manjhi, son of Late Hesi Manjhi, Resident of village Sonudih, Police Station Jagdishpur District Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Revenue, Old Secretariat, Patna

2. The Collector, Bhagalpur

3. Anchal Adhikari, Jagdishpur ( Gooaradih) Bhagalpur

4. Land Reforms Deputy Collector (LRDC) Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : AC to AAG11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2015 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and learned AC to AAG No. 11.

The present writ petition was filed with a prayer to quash Annexure - 3 i.e. notice issued for settlement of Haat for the year 2011-12. The petitioner has claimed that the Shairat / Haat which was purported to be settled was over the land of the petitioner, which has finally been set at rest by a court of competent jurisdiction vide Title Suit No. 86 of 1995. In this case by order dated 27.6.2011 this court had restrained the respondents from settlement of the Haat i.e. Bhangti Haat.

Keeping in view the fact that notice for settlement was issued for the year 2011-12 itself, which has already been

Patna High Court CWJC No.8246 of 2011 (4) dt.29-06-2015 2/2 lapsed, the court is of the opinion that no positive order can be passed in the present writ petition.

The writ petition stands disposed of granting liberty to the petitioner to avail appropriate remedy, if subsequently, any such event occurs.

(Rakesh Kumar, J) Praful/- U