Patna High CourtL.P.A/1588/2013dismissed

Ram Naresh Rai v. The State Of Bihar And ORS

2017-03-02Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1588 of 2013 IN Civil Writ Jurisdiction Case No. 14207 of 2012 =========================================================== Ram Naresh Rai Son Of Ramjee Rai Resident Of Village - Deorath, Police Station - Barahara, District - Bhojpur .... .... Appellant/s

Versus

1. The State Of Bihar Through The Commissioner, Patna Division, Patna

2. The Commissioner, Patna Division, Patna

3. The District Magistrate, Bhojpur At Ara

4. The Deputy Collector Land Reforms, Bhojpur At Ara

5. Ram Bali Rai Son Of Late Kishun Deo Rai Resident Of Village - Panditpur, Police Station - Barehara, District - Bhojpur

6. Raj Bali Rai Son Of Late Kishun Deo Rai Resident Of Village - Panditpur, Police Station - Barehara, District - Bhojpur

7. Jitendra Kumar Pandey Son Of Shankar Pandey Resident Of Village - Panditpur, Police Station - Barehara, District - Bhojpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Singh For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 02-03-2017 Heard counsel for the appellant.

Order under challenge is dated 04.09.2012. By virtue of this order, the Learned Single Judge has dismissed the writ application, refusing to interfere with revisional order or the appellate order, since no infirmity was emerging from reading of the two orders.

The issue was right of preemption exercised by the

Patna High Court LPA No.1588 of 2013 dt.02-03-2017 2/2 present appellant. The finding of the court below is that he is neither an adjoining raiyat of the said land nor the land is an agricultural land as such.

With the concurrent findings like that the Learned Single Judge rightly dismissed the writ application. The order of the Learned Single Judge is not required to be interfered with, as there is no infirmity in the same. Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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