Patna High CourtL.P.A/1878/2015dismissed

Hira Lal Sah And ORS v. The State Of Bihar And ORS

2017-09-06Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1878 of 2015 IN Civil Writ Jurisdiction Case No. 1981 of 2015 ===========================================================

1. Hira Lal Sah, S/o Late Jai Ram Das Sah

2. Pawan Kumar Sah, S/o Late Krishna Lal Sah

3. Pradeep Kumar Sah, S/o Late Moti Lal Sah All residents of Village - Shermari, P.S. Pirpainti, District - Bhagalpur, Presently residing at - Jai Ram Das Sah Road, P.S. - Malsalami, Patna City, District - Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Collector, Bhagalpur, District - Bhagalpur.

3. The Revenue Officer, Bhagalpur, District - Bhagalpur.

4. The Asst. Settlement Officer, Bhagalpur, District - Bhagalpur.

5. The Chairman, Bihar Land Tribunal, Chitkohra, Patna.

6. Sri Sri Gaushala Pirpainti through its Secretary, Jai Prakash Agrawal, Village - Shermari, P.S. - Pirpainti, District - Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rajeev Sah, Adv. Mr.Waliur Rahman, Adv.

For the State : Mr. Subhash Pd. Singh, GA-3 Mr. Indeshwari Pd. Mandal, AC to GA-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-09-2017 Heard learned counsel for the appellants and the State. Appeal is dismissed.

In terms of the direction of the learned Single Judge, a suit has already been filed which will be decided on its own merits depending on the evidence which will be produced before the said forum. Order of the learned Single Judge was passed in the factum of

Patna High Court LPA No.1878 of 2015 dt.06-09-2017 the dispute and the pleadings before the Writ Court. That cannot form the basis for any declaration or rejection of any declaration. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 06.09.2017 Transmission Date