Ratan Jagwani v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13390 of 2014 ====================================================== Ratan Jagwani, son of Late M.K. Jagwani, Resident of Gyani Bhawan, East Boring Canal Road, P.S. Buddha Colony, District- Patna ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar Land Tribunal, Patna, through its Chairman
3. The Registrar, Bihar Land Tribunal, Patna
4. The Divisional Commissioner, Patna
5. The DCLR, Danapur, Patna
6. Vijay Kumar, son of Sri Bali Ram Prasad, Managing Partner, M/S Maa Developers Firm Office, 101, B.P. Complex, 1st Floor, Kadamkuan, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Adv.
For the Resp. No.6 : Mr. Shashi Shekhar Dwivedi, Sr. Adv. Mr. Yogendra Prasad Sinha, Adv.
For the State :
Mr. Gyan Prakash Ojha, GA-7 Mr. Gopal Krishna, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 09-07-2018 Heard learned counsel for the petitioner and counsel for the State.
In this case, the petitioner is challenging the order dated 21.7.2017 passed in B.L.T. Case no. 30 of 2014 by Mr. K.P. Ramaiah Member Administrative by which the prayer of the petitioner of B.L.T. Case No. 30 of 2014 was allowed, rejecting the petition on maintainability without considering the fact that none of the parties has raised the question of maintainability. Both the parties herein are in agreement that the matter should be again remanded to the B.L.T. as the decision has not been taken on the merit, lot of allegation and counter allegation
Patna High Court CWJC No.13390 of 2014 dt.09-07-2018 2/2 has been made against the Member which this Court is not dealing with.
Accordingly, the order dated 21.07.2014 passed in B.L.T. Case No. 30 of 2014 is quashed and the matter is remanded back with a direction that this case should be placed before the Chairman, B.L.T. who will hear and decide the case in accordance with law within a period of three months from the date of receipt/production of a copy of this order.
With the aforementioned observation and direction, this writ application is allowed to the extent indicated above. (Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2018 Transmission Date NA