Chhedi Rao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6529 of 1997 ====================================================== Chhedi Rao, son of late Lallan Rao, resident of Village- Suarchhap, P.S.- Lauriya, in the district f West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Addl. Member, Board of Revenue, Bihar, Patna.

3. The Collector, West Champaran at Bettiah.

4. The Addl. Collector, West Champaran at Bettiah. ......Respondent 1st Set.

5. Smt. Binda Devi, wife of late Vijay Chandra Singh, resident of Village and P.O.- Machhargawan, P.S. and Anchal Jogapatti, district- West Champaran. ...... .... Respondent 2nd Set. .... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.6571 of 1997 ====================================================== Bind Bashini Rao, son of late Lallan Rao, resident of Village- Suarchhap, P.S. - Lauriya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Addl. Member, Board of Revenue, Bihar, Patna.

3. The Collector, West Champaran at Bettiah.

4. The Addl. Collector, West Champaran at Bettiah. .... .... Respondents 1st Set.

5. Smt. Binda Devi, wife of late Vijay Chandra Singh.

6. Smt. Lalita Devi, wife of Shankar Dayal Singh. Both are residents of Village and P.O. - Machhargawan, P.S. and Anchal Jogappati, district- West Champaran. ... .... Respondents 2nd Set.

.... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.6644 of 1997 ====================================================== Chhota Rao, son of Lallan Rao, resident of Village- Suarchhap, P.S.- Lauriya, district- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Addl. Member, Board of Revenue, Bihar, Patna.

2. The Collector, West Champaran at Bettiah.

4. The Addl. Collector, West Champaran, Bettiah. ...... Respondents 1st Set.

5. Smt. Binda Devi, wife of late Vijay Chandra Singh, resident of Village and P.O.- Machhargawan, P.S. Anchal- Jogapatti, district- West Champaran.

..... ........ Respondent 2nd Set. .... .... Respondent/s

Patna High Court CWJC No.6529 of 1997 (17) dt.27-07-2015 ====================================================== Appearance :

(In CWJC No.6529 of 1997) For the Petitioner/s : Mr. Manojeshwar Pd.Sinha Mr. Ratan Kumar Sinha For the Respondent/s : Mr. Pratik Sinha, AC to GA-12 (In CWJC No.6571 of 1997) For the Petitioner/s : Mr. Manojeshwar Pd.Sinha Mr. Ratan Kumar Sinha For the Respondent/s : Mr. Pratik Sinha, AC to GA-12 (In CWJC No.6644 of 1997) For the Petitioner/s : Mr. Manojeshwar Pd.Sinha Mr. Ratan Kumar Sinha For the Respondent/s : Mr. Pratik Sinha, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-07-2015 Learned counsel for the petitioners submits that he has no instruction from the petitioners.

These batch of writ petitions have stood dismissed as against the private respondent no.5 in each of the writ petitions for non-compliance of the peremptory order dated 21.10.2013. These matters were last taken up on 17.7.2015 when they were posted under the heading 'for orders' for consideration of the office report regarding competence of the writ petitions to proceed in absence of respondent no.5 and whereafter it was directed to be posted under the heading 'For admission' and that is how the three writ petitions are listed today under the heading 'For admission'.

The three petitioners are purchasers from the private respondents and have chosen to question the proceedings arising

Patna High Court CWJC No.6529 of 1997 (17) dt.27-07-2015 from Ceiling Case No.3 of 1973-74/7 of 1978-79 in so far as the lands belonging to the private respondents stands purchased by these petitioners and whether it can be adjusted against the unit of the vendor.

The very fact that the writ petitions stand dismissed as against the vendor i.e. respondent no.5 in each of the three writ petitions they have been rendered incompetent and cannot proceed and are dismissed accordingly.

(Jyoti Saran, J) SKPathak/- U