Patna High CourtCWJC/22215/2013dismissed

Chatrubhuj Das @ Chaturbhuj Prasad Das v. The State Of Bihar And ORS

2015-12-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22215 of 2013 ====================================================== Chatrubhuj Das @ Chaturbhuj Prasad Das S/o Late Gaya Prasad, resident of village and P.O. Laghunaha, P.S.Chautarwa, Anchal Bagaha I, District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Land Reforms Deputy Collector, Bagaha II, West Champaran

3. The Circle Officer-cum-Anchal Adhikari, Bagaha I, West Champran

4. Parshu Ram Yadav S/0 Late Chhedi Yadav, R/o Village & P.O. Patilar, P.S.Chautarwa, District West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Sunder Pandey, Advocate For the Respondent Nos. 1 to 3 : Mr. Sushant Praveer, AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 Heard the parties.

The present writ petition has been filed on behalf of the petitioner seeking a direction to the appellate authority for disposing of the Mutation Appeal Case No. 51 of 2010-11 filed on behalf of the petitioner against the order passed by the original authority regarding mutation of the lands in question. A counter affidavit has been filed on behalf of the respondent nos. 2 and 3, wherein it has been stated that the aforesaid Mutation Appeal Case No. 51 of 2010-11 has already been disposed of by order dated 20.05.2013. A copy of the aforesaid order dated 20.05.2013 has been brought on record as Annexure-D to the aforesaid counter affidavit. A copy of the aforesaid counter affidavit was served upon the learned counsel appearing on behalf of the petitioner way back on 12.12.2014, but till date, the fact stated therein has not been controverted by the petitioner.

In above view of the matter, the present writ petition

Patna High Court CWJC No.22215 of 2013 (2) dt.18-12-2015 2/2 has become infructuous as the cause of action does not survive. The writ petition stands dismissed.

(Birendra Prasad Verma, J) Tahir/- U