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Patna High CourtMJC/1851/2019dismissed

Satish Kumar Singh v. The State Of Bihar

2019-05-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1851 of 2019 In Civil Writ Jurisdiction Case No.12773 of 2016 ====================================================== 1.

Satish Kumar Singh Son of Umashankar Singh Resident of Village Paharpur, Police Station Kuchaikot, District Gopalganj. 2.

Sunil Kumar Singh Son of Umashankar Singh Resident of Village Paharpur, Police Station Kuchaikot, District Gopalganj. 3.

Tripurari Singh Son of Pratap Narain Singh Resident of village Naraha, Police Station Majorganj, Sitamarhi.

4.

Satrunjay Singh Son of Indradeo Singh Resident of Village Salaha, Police Station Chautarva, District West Champaran.

5.

Jagat Jitendra Shahi Son of Manik Sahi Resident of Village Pipara Deorar, Police Station Deoria, Uttar Pradesh.

... ... Petitioners

Versus

1.

The State of Bihar.

2.

The Collector West Champaran at Bettiah.

3.

The Sub Divisional Officer Bagaha, District West Champaran at Bettiah. 4.

The Superintendent of Police District West Champaran at Bettiah. 5.

The Anchal Adhikari Bagaha, Block 1, District West Champaran at Bettiah. 6.

The Officer-in-charge Chautarva, Police Station District West Champaran at Bettiah.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Kamal Nayan Choubey, Senior Advocate Mr. Zainul Abedin, Advocate For the Opposite Parties :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-05-2019 There are two defects, which have been noticed by the Registry. So far as defect No.60 is concerned, learned senior counsel appearing on behalf of the petitioners has filed two copies of the order, modification of which is being sought for. So far as the other defect is concerned, let the same be removed

Patna High Court MJC No.1851 of 2019(2) dt.08-05-2019 2/2 in course of the day.

This application has been filed seeking modification of the order dated 31.01.2019 passed in C.W.J.C. No. 12773 of 2016, 'pursuant to order dated 26.04.2019 passed in L.P.A. No. 291 of 2019'.

It has been stated in paragraph 3 that it was because of communication gap or some bonafide typographical error in the order, dated 31.01.2019, that agreement, on behalf of the petitioners, has been recorded for transferring the C.W.J.C. No. 12773 of 2016 to the Bihar Land Tribunal under the provisions of Section 15(2) of the Bihar Land Tribunal Act, 2009, has been passed.

The present modification, in my view, cannot be entertained because agreement, as recorded in the said order, is one of the basis for the matter being transferred to the Tribunal. This application has no merit and is accordingly dismissed.

The petitioner shall have liberty to seek review of the order on the grounds available for review of an order. (Chakradhari Sharan Singh, J) Pawan/- U