Abul Kalam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No. 440 of 2016 ===================================================

1. Abul Kalam, Son of late Hazi Hasimuddin.

2. Abdul Husain, Son of late Hasimuddin. Both are residents of Village Babhani, Post Office Mahadevpur, Police Station Pranpur District Katihar.

.... .... Petitioner.

Versus

1. The State of Bihar through the Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2. The Secretary, General Administrative Department, Government of Bihar, Patna.

3. The Commissioner, Purnia Division, Purnia.

4. The District Magistrate, Katihar.

5. The District Certificate Officer, Katihar.

6. The Senior Deputy Collector cum Certificate Officer, Katihar.

7. The Circle Officer, Pranpur Block- Katihar within the District of Katihar.

.... .... Respondents.

=================================================== Appearance :

For the Petitioners : Mr. Rama Nand Poddar, Adv. For the Respondents: Mr. Firoa Ahmad, AC to AAG-12. =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 07-12-2016 Heard learned counsel for the petitioner and the State. This application has been filed for review of the order dated 13.04.2015 passed in C.W.J.C. No. 4141 of 2015. The writ petition was filed seeking quashing of the notice issued by the Certificate Officer, Katihar as the petitioners did not comply the direction of the Mega Lok Adalat and did not pay the amount agreed in four installments as directed. At that point of time, petitioners tried to impress upon this Court that for the reasons stated payment would not be made within the time given by the Mega Lok Adalat.

Patna High Court C. REV. No.440 of 2016 dt.07-12-2016 This Court, in the facts and circumstances of the case, though showing inability to intervene in the mater as the petitioners had admittedly violated the Award of the Mega Lok Adalat which was passed/declared after compromise having been arrived between the parties including the petitioners, directed the notice concerned to be kept in abeyance for further period of six months so that petitioner could take steps and pay the amount along with interest calculated by the Certificate Officer as well as the order which was passed by the District Land Acquisition Officer, Katihar. It also stands stated in the order that if the petitioners again fail to comply then the Certificate Officer would be at a liberty to take steps for recovery of the concerned amount along with interest. It is stated in categorical terms that the order was passed in the writ petition with the consent of the parties. Now, petitioner cannot take a somersault and start questioning the Award of the Mega Lok Adalat itself and that too in a review application.

Accordingly, in my view, this review does not have any merit and, as such, the same is dismissed.

(Dr. Ravi Ranjan, J.) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.12.2016 Transmission Date NA