Baleshwar Das And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.360 of 2018 ====================================================== Baleshwar Das and Anr ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Advocate Mr. Bhola Kumar, Advocate Mr. Ashish Sinha, Advocate Mr. Vivek Gaurav, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-09-2022 Heard the parties.

It is contended by the petitioner that the impugned order has been passed by the Additional Collector, Begusarai dated 12.12.2016 as contained in Annexure-2 is without jurisdiction, it is the DCLR who has the jurisdiction over the matter.

Learned counsel for the State also submits that the Additional Collector, Begusarai has no jurisdiction but he submits that since both the parties had accepted the jurisdiction of the Additional Collector, Begusarai, the impugned order by the Additional Collector, Begusarai cannot be set aside. Considered the submissions of the parties, even if the parties have appeared before the Additional Collector, Begusarai and have submitted to his jurisdiction, this Court

Patna High Court CWJC No.360 of 2018(9) dt.26-09-2022 2/2 cannot allow this illegality to happen.

The Impugned order dated 12.12.2016 passed by the Additional Collector, Begusarai as contained in Annexure-2 is hereby quashed with observation that the parties may resort to appropriate action before the authority having jurisdiction over the matter.

Any action taken pursuant to the order as contained in Annexure-2 is declared to be null and void. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U