Durgawati Devi And Others v. Sudama Bhagat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14553 of 2012 ======================================================

1. Durgawati Devi wife of Lalan Tiwari

2. Lalan Tiwari, son of Late Sudama Tiwari

3. Dhananjay Tiwary, son of Lalan Tiwari All residents of village Uchakagaon, P.S. and Circle- Uchakagaon, DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the D.C.L.R., Hathwa, Gopalganj.

2. Sudama Bhagat, son of Late Motilal Bhagat, resident of village Uchakagaon, P.S. and Circle- Uchakagaon, District- Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra For the Respondent/s : Mr. S.A. Alam Sc3 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-12-2015 Heard.

The application is directed against a notice dated 9.4.2012 (Annexure-6/A) issued by the Deputy Collector Land Reforms, Hathwa, calling upon the petitioner to appear in Land Dispute Resolution Case No. 05/2011-12. The private respondent filed a claim against the writ petitioner. The copy of the application is enclosed as Annexure-5. The writ application has been filed questioning the jurisdiction of the authority who issued the notice. In my view, the petitioner in response to the notice should appear and raise the issue of jurisdiction and contest the said proceeding. It will be open to the petitioner to raise an issue of jurisdiction before the said authority for consideration and

Patna High Court CWJC No.14553 of 2012 (3) dt.04-12-2015 2/2 disposal in accordance with law.

The application is disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U