Ramashraya Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 813 of 2015 Arising out of Civil Writ Jurisdiction Case No. 15771 of 2014 Along with Interlocutory Application No. 3470 of 2015 =========================================================== Ramashraya Singh, S/o Late Geeta Singh, R/o Village & P.O.- Bihat, Tola - Maksaspur, P.S.- Barauni, District - Begusarai, Bihar. .... .... Appellant/s

Versus

1. The State of Bihar.

2. Additional Collector, Begusarai.

3. Circle Officer, Barauni, District- Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

Mr. Md. Irshad, A.C. to S.C. 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 22-08-2016 Re.: Interlocutory Application No. 3470 of 2015 The application is for condonation of delay of 154 days in filing of the appeal.

For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 154 days in filing of the appeal is

Patna High Court LPA No.813 of 2015 dt.22-08-2016 2/3 condoned.

Interlocutory Application stands disposed of accordingly.

Re.: Letters Patent Appeal No. 813 of 2015 The challenge in the present Letters Patent Appeal is to an order dated 23rd of September, 2014 passed by the learned Single Bench of this Court dismissing the writ application challenging the show cause notice dated 16th August, 2014 for cancellation of the entries in the Jamabandi. Learned Single Bench has found that the writ applicant has approached this Court only at the stage of issuance of the show cause notice, therefore, it is not a stage at which this Court should intervene.

The challenge in the writ application is to the show cause notice dated 16th August, 2014 wherein, the appellant has been called upon to produce documents in his support as to why the entries in the Jamabandi be not cancelled. Once a notice has been issued, the appellant is at liberty to submit reply and to produce documents in support of his contention. The show cause notice for cancellation of Jamabandi cannot be disputed in the writ application when even after cancellation of Jamabandi, the appellant might have effective alternative remedy under the Bihar Tenancy Act, 1885.

Patna High Court LPA No.813 of 2015 dt.22-08-2016 3/3 We do not find any error in the order passed by the learned single Judge which may warrant interference in the present Letters Patent Appeal. The same is therefore, dismissed. (Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR CAV DATE N.A.

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