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Patna High CourtCWJC/14627/2014dismissed

Narayan Mandal v. The State Of Bihar And ORS

2016-11-17Mr. Justice Birendra Prasad Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14627 of 2014 ====================================================== Narayan Mandal, Son of Late Kokil Mandal, Resident of Village - Naya Tola Navgachia, Ward No. 23, P.S. Navgachia, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Bhagalpur.

3. The Sub-Divisional Officer, Navgachia, District - Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Adv. For the Respondent/s : Mr. Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-11-2016 Heard the parties.

Admittedly, the settlement made in favour of the petitioner with respect to the lands in question was only up to the year 2013-14, which is apparent from the order of settlement made by the S.D.O., Naugachia, as contained in Annexure-3 to the writ petition. When the impugned order was passed on 14.07.2014 by the respondent District Collector, Bhagalpur, the petitioner was having no subsisting legal right over the lands in question. In above view of the matter, the present writ petition filed on behalf of the petitioner assailing the validity and correctness of the order dated 14.07.2014 passed in Misc. Case No.65 of 2013-14 by the respondent District Collector, Bhagalpur, as contained in Annexure-6 to the writ petition, is completely misconceived and untenable. The writ petition is devoid of merit and is, accordingly, dismissed.

Arvind/- (Birendra Prasad Verma, J) U