Laxman Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1403 of 2016 In Civil Writ Jurisdiction Case No.8518 of 2009 ====================================================== Laxman Singh Son of Bihari Singh resident of village - Bilauti, PS - Shahpur, District - Bhojpur at Ara.

... ... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna.

2. The District Collector, Bhojpur at Ara.

3. The Deputy Collector Land Reforms Jagdishpur (Bhojpur)

4. Anchal Adhikari, Bihea, District - Bhojpur.

5. Deo Chandra Mishra

6. Prem Chandra Mishra Both are Sons of Late Ramchandra Mishra Resident of village - Nargada, P.S. - Shahpur, District - Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nagendra Upadhyay For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 28-11-2017 I. A. No.6350 of 2016 is allowed. Delay of 96 days is condoned. Matter is heard on the merits.

The learned Single Judge has taken a correct view by dismissing the writ application since the mutation has been ordered to be made on the basis of a declaration made by a civil court of competent jurisdiction in Title Suit No.80 of 1997. Since there is nothing to show that the present appellant- the purchaser had purchased the land in question from a rightful

Patna High Court LPA No.1403 of 2016(7) dt.28-11-2017 2/2 owner having valid title in his favour, he cannot get a better title than what a seller had in his favour.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) sk U