Binod Kumar @ Binod Paswan And ANR v. Sidheshwari Kumar Singh @ Sidheshwari Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.605 of 2018 In Civil Writ Jurisdiction Case No.15763 of 2010 ====================================================== 1.

Binod Kumar @ Binod Paswan, son of Late Kamaldeo Prasad 2.

Krishna Prasad @ Jham Sahu @ Jham, son of Mannu Ram Both resident of Mohalla - Chhotaki Delha, P.S.- Delha, District - Gaya. ... ... Appellant/s

Versus

1.

Sidheshwari Kumar Singh @ Sidheshwari Prasad Singh, son of late Din Dayal Ram, resident of Mohalla - Chhotaki Delha, P.S.- Delha, District - Gaya.

2.

The State of Bihar.

3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Sadar, Gaya.

5.

The Land Reforms Deputy Collector, Gaya.

6.

The Circle Officer, Town, Gaya.

7.

The Survey Superintendent White House Area, Gaya. 8.

Manoj Kumar Yadav, son of Shyam Lal Yadav, resident of Mohalla - Chhotaki Delha, P.S. Delha, District - Gaya.

9.

Shankar Tiwari, son of Krishna Tiwari (since dead) 10.

Santosh Kumar Sinha, son of Baban Prasad (since dead) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nagendra Kumar Singh, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam, AAG-12 Mr. Anjani Kumar, Sr. Advocate Mr. Jitendra Kishore Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-01-2020 Heard learned counsel for the appellants and the respondents.

The present appeal is directed against the order/ judgment dated 14.07.2015 passed in C.W.J.C. No. 15763 of 2010, titled as Sindheshwari Kumar Singh @ Sidheshwari

Patna High Court L.P.A No.605 of 2018(4) dt.14-01-2020 2/2 Prasad Singh Vs. The State of Bihar & Ors, whereby and whereunder the learned Single Judge has set aside the impugned order to the extent indicated in the said order. With the consent of the parties, the present appeal stands disposed of with the following terms:

(a) The appellants shall not press the present appeal in view of the liberty already granted by the writ Court. We clarify that it shall be open to the appellants to take such recourse to such remedies, as are available in the law, including filing a suit before the Civil Court. (b) All the issues are left open.

(c) Observations made in the order/ judgment dated 14.07.2015 passed in C.W.J.C. No. 15763 of 2010, titled as Sindheshwari Kumar Singh @ Sidheshwari Prasad Singh Vs. The State of Bihar & Ors, shall not prejudice either of the parties.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U