Ramanand Gupta @ Ramanand Prasad Gupta And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1570 of 2015 In Civil Writ Jurisdiction Case No.4767 of 2014 ====================================================== 1.

Ramanand Gupta @ Ramanand Prasad Gupta son of Late Baldeo Shah @ Baldeo Prasad Gupta 2.

Shri Jageshwar Singh, Son of Late Ram Bila Singh 3.

Shri Ram Kumar Singh, Son of Late Ratan Singh 4.

Shri Krishan Singh, son of Late Sulakhan Singh 5.

Motiur Rahman, son of Late Tamizuddin, All Resident of village- Kanta Kosh, P.S.- Manihari, District- Katihar ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The State of Jharkhand, through the Deputy Commissioner, Sahebganj 3.

The District Magistrate, Katihar 4.

The Deputy Commissioner, Sahebganj 5.

The Additional Collector, Katihar 6.

The Sub-Divisional Officer, Manihari, Katihar 7.

The Circle Officer, Manihari, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mrs. Rekha Prasad, Advocate For the Respondent State of Bihar: Smt. Binita Singh, SC-28 Mr. Vivek Anand Amitesh, AC to SC-28 For the Respondent State of Jharkhand : Mr. Satyavrat Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 06-09-2017 Heard counsel for the appellants and counsel for the respondent State of Bihar and State of Jharkhand. Perused the impugned order dated 08.05.2015 passed by the learned single Judge in C.W.J.C. No. 4767 of 2014.

Since there is a clear and categorical affidavit and declaration that the land in question no longer falls in the district

Patna High Court LPA No.1570 of 2015(3) dt.06-09-2017 2/2 of Katihar but stands transferred to the district of Sahebganj after the reorganization and bifurcation of the State of Bihar into State of Bihar and State of Jharkhand, the dispute which is being sought to be raised based on a title suit which was instituted in the year 1985 and that too when the State of Jharkhand was not constituted, would be of no avail to the appellants. This matter should rest now in view of the conclusive finding given by the learned single Judge on the affidavits. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) Pawan/- U