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Patna High CourtCWJC/8422/2018disposed

Khusar Sharma @ Khushar Sharma @ Kusar Sharma v. The State Of Bihar And ORS

2021-03-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8422 of 2018 ====================================================== Khusar Sharma @ Khushar Sharma @ Kusar Sharma S/o Late Jago Sharma, resident of Village- Alamnagar, Tola- Sonbarsa, P.S. Alamnagar, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Madhepura.

3.

The Sub- Divisional Officer, Uda- Kishunganj, District- Madhepura. 4.

The Deputy Collector, Land Reforms, Uda- Kishunganj, DistrictMadhepura. 5.

The Block Development Officer, Alamnagar, District- Madhepura. 6.

The Circle Officer, Alamnagar, District- Madhepura. 7.

Gaytri Devi, wife of Late Triveni Mehta, resident of Village- Vishanpur, P.S.- Alamnagar, District- Madhepura.

8.

Bulaki Mehata, son of Moti Mehata, resident of Village- Bhagipur, P.S. Alamnagar, District- Madhepura.

9.

Bulaki Mehata, son of Moti Mehata, resident of Village- Bhagipur, P.S. Alamnagar, District- Madhepura.

10.

Sumar Sharma, son of Late Jago Sharma @ Sharma, resident of VillageAlamnagar, Tola- Sonbarsa, P.S. Alamnagar, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar-1, Advocate For the Respondent/s :

Mr.Akhilesh Kumar Sinha, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the State.

Present writ petition has been filed by the petitioner for a direction to the respondents to implement the order dated 28.7.2014 passed by the DCLR, Uda Kishunganj, DistrictMadhepura in Land Dispute Case No. 310 of 2013-14, as

Patna High Court CWJC No.8422 of 2018(3) dt.16-03-2021 2/2 contained in Annexure-5 to the writ petition. The Court is of the considered view that the order which has been passed by the competent authority has to be given effect to and the DCLR, who has passed the order, has necessary competence to see that his order is implemented in its letter and spirit unless it is set aside or modified by the superior Court.

In the aforesaid circumstances, the writ petition is disposed of with direction to the DCLR, Uda Kishunganj, District- Madhepura to take appropriate action to ensure compliance of the order dated 28.7.2014 passed in Land Dispute Case No. 310 of 2013-14. If necessary, he can approach the District Magistrate, Madhepura for the needful and the District Magistrate, Madhepura will extend all help to the DCLR to see that the order passed after hearing the parties, is implemented in its letter and spirit.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U