Patna High CourtCWJC/16526/2011dismissed

Md.Kasim v. The District Magistrate Cum C

2015-09-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16526 of 2011 ======================================================

1. Md. Kasim S/O Late Maneer Mian Resident Of Village-Jagatpur, Mohalla-Tharesarai, Circle Office-Rahika, P.S.-Madhubani.

2. Mosmat Dukhani Devi W/O Sikandar Ram Mochchi R/O VillageGadiyani Chowk, Chamar Toli, Ward No.-11, P.S.-Tawn-Madhubani, District-Madhubani.

.... .... Petitioner/s

Versus

1. The District Magistrate Cum Collector Madhubani, District-Madhubani.

2. The Deputy Collector Of Land Reform, District-Madhubani.

3. The Circle Officer, Rahika Block At Rahika, District-Madhubani.

4. Md. Navijan S/O Late Abdul Rahman Resident Of Village-Sapta, Mina Bazar, P.S. And Circle Office-Rahika, District-Madhubani. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-09-2015 Neither the Counsel for the petitioners nor the counsel for the respondents is present.

The writ application has been filed for the following relief as culled out in paragraph 1:- "That, this application is filed for issuance of writ/order/directions commanding the respondent 1st set to hand over possession over the piece of land situated at Mauza- Jagatpur bearing Khata no. 508(old) Plot no. 5907 area admeasuring 8 kathas 1 Dhur, circle and Block Office and P.S.- Rahika District Madhubani from the illegal possession of Respondent 2nd set to the petitioners and any other reliefs for which the petitioners found entitled to." I am afraid any such relief can be granted by the Writ Court, particularly, when the matter was agitated before the Deputy Collector Land Reforms under the provisions of the Bihar Land Dispute Resolution Act, 2009 unsuccessfully by the

Patna High Court CWJC No.16526 of 2011 (2) dt.16-09-2015 2/2 petitioners.

The writ application is dismissed. Dismissal of this application shall, however, not preclude the petitioners from ventilating their grievance raised in this application or against the order passed by the Deputy Collector Land Reforms before appropriate authority/forum in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U