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Patna High CourtCWJC/18756/2015disposed

Lallan Das And ANR v. The State Of Bihar And ORS

2023-09-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18756 of 2015 ====================================================== 1.

Lallan Dass 2.

Manan Dass Both are sons of late Makkhan Das, Resident of Bari Khagaul, P.O.+P.S.- Khagaul, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Patna.

3.

The Land Reform Deputy Collector, Patna.

4.

The Circle Officer, Phulwari Sharif, Patna.

5.

The Revenue Clerk, Phulwari Sharif, Circle office, Patna. 6.

The Circle Amin, Phulwari Sharif, Circle Office, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Dilbar Krishna, Advocate For the Respondent/s :

Mr. Avinash Kumar, SC-30 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2023 Learned counsel for the petitioners and learned counsel for the State are present.

2. Learned counsel for the petitioners submits that the present writ petition has been filed against the order dated 27.03.2015 passed by Land Reform Deputy Collector, Patna in Land Dispute Case No. 106 of 2014-15.

3. Learned counsel for the State raised preliminary objection that remedy for filing appeal is available to the petitioners under the Bihar Land Disputes Resolution Act, 2009 [Bihar Act 4 of 2010] before the Divisional Commissioner.

Patna High Court CWJC No.18756 of 2015(2) dt.12-09-2023 2/2

4. Learned counsel for the petitioners submits that as per his knowledge the petitioner no.1 has died.

5. In this background that right to appeal is available to the petitioners, this writ petition is disposed of granting liberty to the petitioner or heirs and legal representatives of petitioner no.1 to file appeal before the Divisional Commissioner, Patna under the statue within one month from the date of order passed by this Court.

6. Delay, if any, in filing the appeal is directed to be condoned.

(Dr. Anshuman, J.) ravishankar/- U