Santosh Kumar Singh @ Chhedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1047 of 2021 ====================================================== Santosh Kumar Singh @ Chhedi Son of Late Akbal Narayan Singh, Resident of Mouza-Khewali, District - Varanasi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate, Bhabua at Kaimur.

3.

The Circle Officer, Durgawati Circle, Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Dhurjati Kumar Prasad, GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-08-2022 Heard the parties.

The order dated 07.04.2020 contained in Annexure-3 has been challenged in this writ application. From paragraph 2 of the order dated 07.04.2020 it is evident that the notice for the proceeding was published on 24.03.2020 and thereafter, the proceeding has been concluded on 07.04.2020.

During this period there was complete lock down in the country so this order cannot be sustained, the same is dismissed.

The matter is remitted back to the Collector, Kaimur Bhabua for fresh consideration in accordance with law after hearing the petitioner and after examining each and every contention raised by the petitioner including the fact that the will

Patna High Court CWJC No.1047 of 2021(4) dt.29-08-2022 2/2 in favor of the petitioner was probated in favor of the petitioner. With the aforesaid observations and directions this application is allowed. During the pendency of the proceeding before the Collector the possession of the petitioner shall not be disturbed.

(Sandeep Kumar, J) shweta/- U