Samrathi Kunwar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16259 of 2006 ======================================================

1. Chandrika Paswan son of Late Shilagan Paswan (Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 1 (i) Samrathi Kunwar (wife) 1 (ii). Dharmendra Paswan (son) 1 (iii) Ravindra Paswan (son) 1 (iv) Upendra Paswan (son) 1 (v) Sunaina Devi (daughter)

2. Lal Babu Paswan S/o Late Chandrika Paswan

3. Ambika Ram Son of late Dudal Chamar

4. Mangroop Ram Son of late Sevaki Chamar

5. Kastura Kuer wife of late Ganga Ram 6 . Kastura Kuer wife of late Ducul Chamar

7. Suraj Paswan son of Late Shivlagan Paswan ((Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 7 (i) Geniya Kunwar (wife) 7 (ii) Om Prakash Paswan (son) 7 (iii) Akhilesh Paswan (son) 7(iv) Sonu Paswsan

8. Tetari Devi wife of Ram Deyal Ram

9. Satyanarain Ram son of Gudari Ram

10. Sita Ram son of late Dashai Ram

11. Parwati Kuer wife of late Dashai Ram

12. Bigu Ram son of late Bhadai Chamar

13. Parmeshwar Ram Son of late Dashai Chamar

14. Lawangi Kumari Daughter of Late Chandrika Paswan and wife of Ajay Paswan, resident of Punaun, P.S.Belwan, Dissrict Kaimur 15 Ram Pravesh Paswan son of late Bhikhari Paswan

16. Malooi Devi wife of Ram Bachan Ram All except Respondent No. 14 are residents of Village- Basuhari PS belwan, District Kaimur Bhabhua.

17. Babu Ram Chamar son of late Khobhari Ram Resident of Village- Nirbushpur, PS belwan, District Kaimur.

18. Lalan Ram Son of Sukalu Ram Resident of Village- Maidar, PS. Belwan, District Kaimur. 19 Hari Shankar Ram Son of late Dashai Chamar Resident of Village- Basuhari, PS Belwan, District Kaimur at Bhabhua.

20. Kishun Ram Son of late Chandrika Ram Resident of Village - Permalpur, PS Bhagwanpur, District Kaimur Bhabhua.

21. Bachan Ram Son of late Swaroop Chamar

22. Ghura Ram son of Late Baldeo Ram (Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 22 (a) Krishna Ram (son) 22 (b) Manoj Kumar (son)

23. Sardari Ram Son of late Devaki Chamar

24. Laxman Ram Son of late Dashi Chamar

2/4 Respondent Nos. 21 to 24 are residents of Village - Basuhari, PS Belwan, District Kaimur at Bhabhua.

25. Charitar Ram son of late Ram Janam Ram Resident of Village- Itawa, PS Belwan, District Kaimur

26. Ganga Ram Son of late Lildhari Chamar Resident of Village- Sonawan, PS Belwan, District Kaimur,.

27. Bhusi Ram son of Late Dudul Chamar (Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 27 (i) Ambika Ram (son) 27 (ii) Manju (daughter) Resident of Village- Basuhari, PS Belwan, District Kaimur at Bhabhua.

28. Surooj Ram Son of Suresh Ram Resident of Village - Bichiyan, PS Belwan, District Kaimur at Bhabhua.

29. Ramashish Ram Son of late Dudul Chamar

30. Bachchu Ram Son of Bigu Ram

31. Bigan Ram Son of Ram Bachan Ram Respondent nos. 29 to 31 are residents of Village- Basuhari, PS Belwan, District Kaimur, Bhabhua.

32. Shyam Varan Ram Son of late Bhagelu Chamar Resident of Village -Belwan , PS Belwan, District Kaimur at Bhabhua.

33. Gudari Ram Son of late Devaki Chamar

34. Ram Brich Ram son of Late Swaroop Chamar (Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 34 (i) Ram Kunwar Ram (son) 34( ii) Ram Bashiya Devi (daughter) 34 (iii) Soshila Devi (daughter)

35. Nathuni Ram Son of late Dudul Chamar Respondent Nos. 33 to 35 are residents of Village Basurahi , PS Belwan, District Kaimur at Bhabhua.

36. Bansropan Ram son of Late Bhura Ram (Expunged vide order dated 09.02.2015 and substituted by his following heirs and legal representatives) 36(i) Dhanwantri kunwar (wife) 36(ii). Parasnath Ram (son) 36(iii) Lal Mohar Ram (son) 36(iv) Raj Mani Ram (son) 36(v). Harihar Ram (son) Respondent Nos. 36 to 36(v) are residents of Village- Chamariya, PS. Belwan, District Kaimur,Bhabhua.

36(vi) Kastura Devi, D/o Bansropan Ram and W/o Shashi Bhushan Ram is resident of Village Tori, P.S.Bhagwanpur, District Kaimur at Bhabhua

37. Radhe Shayam Ram Son of late Ghurbigan Ram

38. Shiv Narain Ram Son of Mangroo Ram

39. Mushaphir Ram Son of Gudari Ram Respondent Nos. 37 to 39 are residents of Village- Basuhari PS Belwan, District Kaimur Bhabhua.

40. Seeree Paswan Son of Barhu Paswan Resident of village- Parmalpur, P.S.- Bhagwanpur, Distt. Kaimur .... .... Petitioner/s

Versus

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1. The State of Bihar through Revenue and land Reforms Commissioner, Govt. of Bihar, Patna.

2. The Collector, Patna.

3. The Additional Collector (Ceiling ) Bhabhua.

4. Ram Janki Ji Mandir Sarraiya, PS. Bhagwanpur, District Kaimur at Bhabhua. through Shabait Madan Singh Son of late Surya Pd. Singh Resident of Village- Sariyan, PO Umapur, PS. Bhagwanpur, District kaimur at Bhabhua.

5. Sachidanand Singh Son of late Badri Singh Resident of Vilalge Sariya, PO Umapur, PS Bhagwanpur, District Kaimur at Bhabhua.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Basant Kr.Choudhary, Sr.Advocate Mr. Arbind Kumar, Advocate For the Respondent Nos. 1 to 3: Mr. Shankar Kr.Thakur, AC to GP 27 For the Respondent Nos. 4 & 5: Mr. Devendra Kumar Sinha, Sr.Advocate Mr.Akhauri Vipin Bihari Srivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-09-2016 The learned senior counsel appearing on behalf of the petitioners, in presence of the learned AC to GP 27, appearing on behalf of the respondent Nos. 1 to 3 as also the learned senior counsel appearing on behalf of the respondent nos. 4 and 5, submits that in the present writ petition the petitioners have challenged the validity and correctness of the order dated 03.09.2005 passed in Board Case No. 8 of 2005 by the Board of Revenue, Bihar, Patna, as contained in Annexure-7 to the writ petition. He further submits that against the order impugned, the landholders filed B.L.T. No. 369 of 2013 and the aforesaid order is subject matter of challenge in CWJC No. 2285 of 2015 filed by its petitioners.

Therefore, according to him, the impugned order passed by the Board of Revenue, Bihar, Patna has merged in the order passed by the learned Bihar Land Tribunal, Patna. Hence the present writ petition has become infructuous.

4/4 respondents do not dispute the aforesaid submissions. In above view of the matter, the learned senior counsel appearing on behalf of the petitioners seeks leave of this Court to withdraw the present writ petition Leave to withdraw the present writ petition is granted. Consequently, the present writ petition stands disposed of as withdrawn since it has become infructuous. (Birendra Prasad Verma, J) Tahir/- U