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Patna High CourtL.P.A/1211/2014dismissed

Harish Chandra Jha v. The State Of Bihar And ORS

2017-04-19Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1211 of 2014 IN Civil Writ Jurisdiction Case No. 9236 of 2013 =========================================================== Harish Chandra Jha, son of Late Kamalakant Jha, resident of village- Salepur Lagama, P.O.- Lagma, P.S.- Ghanshyampur, District- Darbhanga .... .... Appellant

Versus

1. The State of Bihar

2. The District Collector, Darbhanga

3. The D.C.L.R. Biraul, District- Darbhanga

4. The Anchal Adhikari, Ghanshyampur, District- Darbhanga .... .... Respondents =========================================================== Appearance :

For the Appellant : Mr. Krishna Chandra Jha, Advocate For the State : Mr. Raghwanand, GA-11 Mr. Rajan, AC to GA-11 Mr. Sanjay Kr. Tiwari, AC to GA-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 19-04-2017 Heard counsel for the appellant and the counsel for the State.

In the opinion of this Court, the learned Single Judge has committed no error by dismissing the writ application vide order dated 08.05.2014. He, however, gave leeway to the appellant to invoke any other forum against his grievance of so called demolition of house and compensation since there was issue of evidence, which was required in the controversy, especially when there is some material to show that there was no construction at all

Patna High Court LPA No.1211 of 2014 dt.19-04-2017 2/2 on the so called plot of the land.

It is made clear that dismissal of the writ application may not come in the way of the appellant in seeking remedy elsewhere. However, no interference is warranted with the order impugned.

Appeal is dismissed with observation as above. (Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.04.2017 Transmission Date NA