Patna High CourtCWJC/8124/2013disposed

Ramashary Sahani v. The State Of Bihar And ORS

2016-02-04Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8124 of 2013 ======================================================

1. Ramashary Sahani S/O Langar Sahani Resident Of Village - Chitamanpur, P.S. Pipra, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary Revenue, Deptt. Govt. Of Bihar, Patna

2. District Magistrate, East Champaran, Motihari

3. Sub - Divisional Magistrate, Chakia, East Champaran, Motihari

4. Anchal - Adhikari, Chakia, East Champaran, Motihari

5. Manmati Devi Wife Of Bhola Bhagat Resident Of Village - Chitamanpur, P.S. Pipra, District - East Champaran, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shardanand Mishra Mr. Rajiv Ranjan For the Respondent/s : Mr. Rajiv Kumar Singh, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-02-2016 Heard Mr. Mishra for the petitioner and the Counsel for the State.

The petitioner assails the order dated 05.02.2013 passed by the Collector in Misc. Case No. 161 of 2012 which was filed by the petitioner to assail the order dated 14.09.2012, passed by the Sub-Divisional Officer, Chakia. Indisputably, the SubDivisional Officer passed an order exercising power under the Code of Criminal Procedure.

Mr. Mishra, after making submissions at some length, submits that in view of the observation made in the order of the Sub-Divisional Officer, the application be disposed of permitting the petitioner to approach the appropriate Forum/Court

Patna High Court CWJC No.8124 of 2013 (3) dt.04-02-2016 2/2 for ventilation of the grievance.

The application stands disposed of with the said liberty. It is clarified that any observation with regard to the title, if any, made in the order of the Sub-Divisional Officer (Annexure5) in that event shall not prejudice the case of the petitioner. (Kishore Kumar Mandal, J) Pankaj/- U