Jagdish Prasad And Others v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5969 of 2015 ======================================================

1. Jagdish Prasad.

2. Sarvjeet Prasad.

3. Chandra Jeet Prasad Petitioner Nos. 1 to 3 are sons of Late Vishundeo Bind and residents of Village ukhai Purab Patti Bind Tola, Ukhai, PS Pachrukhi, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The collector, Siwan.

3. The SDO, Siwan.

4. The Circle Officer, Pachrukhi, District Siwan.

5. Urmila Devi.

6. Munia Devi both are daughters of late Rama Nandan Singh.

7. Kaushalya Devi w/o late Gorakh Nath Singh.

8. Surendra Prasad Singh son of Late Janki Singh.

9. Govardhan Singh son of Late Ram Prasad Singh Respondent Nos. 5 to 9 are residents of Village Pakadi Bangali, PO Siwan, PS Siwan, District Siwan.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Kant, Advocate For the Respondent Nos. 1 to 4 : Mr. Suresh Kumar, AC to GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-09-2016 Heard the parties.

The petitioners are aggrieved by the order dated 28.01.2015 passed in B.L.T.Case No. 786 of 2014 by the learned Bihar Land Tribunal, Patna, as contained in Annexure-5 to the writ petition, whereby the aforesaid case filed on behalf of the petitioners has been dismissed and the orders passed by the Circle Officer, Pachrukhi, the original authority, as also the Sub Divisional Officer, Siwan, being the appellate authority, rejecting the claims of the petitioners under Section 48D of the Bihar Tenancy Act, 1885 (in short "The B.T.Act") have been affirmed. Apparently, the claims raised on behalf of the

Patna High Court CWJC No.5969 of 2015 (2) dt.17-09-2016 2/2 petitioners under Section 48D of The B.T.Act with respect to the lands in question, fully detailed in paragraph 5 of the writ petition, have been rejected by all the three statutory authorities by recording concurrent findings of fact against the petitioners. In above view of the matter, this Court does not feel persuaded to interfere with the impugned order dated 28.01.2015 (Annexure-5) passed by the learned Bihar Land Tribunal, Patna. The writ petition is devoid of merit and is, accordingly, dismissed, but without costs.

(Birendra Prasad Verma, J) Tahir/- U