Shri Rajeev Ranjan Tiwary v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20596 of 2011 ====================================================== Shri Rajeev Ranjan Tiwary S/O Late Lakshmi Narayan Tiwary, resident of Nav Ratanhata, P.S. K. Hat, Purnea .... .... Petitioner/s

Versus

1. The State of Bihar through Collector of Purnea, District Purnea

2. Shri Biran Deo Tiwary S/O Late Kamdeo Tiwary, resident of Basudeopur, Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Tiwary, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-04-2016 Heard learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondents, though the name of the learned State counsel is printed in the daily cause list. The petitioner is aggrieved by order dated 19.11.2010 passed in Mutation Revision No. 167 of 2010 by the respondent District Collector, Purnea, whereby aforesaid revision filed on behalf of the respondent no.2 has been admitted for hearing and lower court record has been called for. By the aforesaid order, notices have been issued to opposite parties including the petitioner.

The present writ petition at this stage seems to be completely misconceived and untenable. Admittedly, the matter is still pending before the revisional authority and notice has been issued to the petitioner, as a result of which, he has appeared there in the aforesaid Mutation Revision case. Hence, he shall be at liberty to raise all the issues of facts and law with respect to the lands in question before the revisional authority, which may be available to him and have been raised in the present writ petition. Consequently, the writ petition is dismissed with the

Patna High Court CWJC No.20596 of 2011 (5) dt.22-04-2016 2/2 observations and directions made above. Interim order of stay passed on 19.12.2011 by a Bench of this Court is hereby vacated. (Birendra Prasad Verma, J) Tahir/- U