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Patna High CourtCWJC/23232/2013dismissed

Gurudeo Sinha v. The State Of Bihar And ORS

2016-01-11Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24194 of 2013 ======================================================

1. Braj Nandan Prasad Singh .

2. Bijay Nandan Prasad Singh.

3. Chandra Bhan Prasad.

4. Suraj Bhan Singh All sons of Late Sohan Lal Singh.

5. Dilip Kumar Singh.

6. Sunil Kumar Singh.

7. Anil Kumar Singh Petitioner nos.5 to 7 are sons of Late Girija Nandan Prasad Singh All Resident Of Village- Makhdumpur, P.O- Digha Ghat, P.S- Digha, DisttPatna. .... .... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. Of Bihar, Patna.

2. The Divisional Commissioner, Patna Pramandal, Patna.

3. The Principal Secretary, Urban Development and Housing Department, Govt. Of Bihar, Patna.

4. The Principal Secretary Ministry Of Secretariat, Govt. Of Bihar, Patna.

5. The Collector, Patna.

6. The Circle Officer, Patna Sadar, Patna.

7. The Public Information Officer- Cum- Sr. Deputy Collector, Patna. .... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.23232 of 2013 ====================================================== Gurudeo Sinha, S/O Late Ram Sharan Singh, Resident Of VillageMakhdumpur, P.O- Digha Ghat, P.S- Digha, District- Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. Of Bihar, Patna.

2. The Principal Secretary, Road Transport and Development Department, Bihar, Patna.

3. The Divisional Commissioner, Patna Pramandal, Patna.

4. The Collector, Patna.

5. The Principal Secretary, Urban Development And Housing Department, Bihar, Patna.

6. The Principal Secretary, Ministry Of Secretariat, Bihar, Bailey Road, Patna.

7. The Circle Officer, Patna Sadar, Patna.

8. The Public Information Officer- Cum- Senior, Deputy Collector, Patna. .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.24194 of 2013) For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Respondent/s : Mr. P.K. Verma, AAG-5

Patna High Court CWJC No.24194 of 2013 (2) dt.11-01-2016 Mr.Saroj Kumar Sharma, AC to AAG-5 (In CWJC No.23232 of 2013) For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Respondent/s : Mr. Sanjay Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-01-2016 Heard the parties.

In both the writ petitions, the claims of the writ petitioners are based on the judgment and order dated 15.05.2014 passed in CWJC No.20002 of 2013 by a Bench of this Court (Coram: Navaniti Prasad Singh, J.).

According to the learned counsel for the petitioners the issues raised herein in both the writ petitions are squarely covered by that judgment of the learned Single Judge. Therefore, the petitioners are entitled for the same reliefs relating to Diara lands.

The learned AAG-5 as also the learned AC to AAG-6 appearing on behalf of the respondents in the aforesaid two writ petitions submit that the aforesaid judgment and order dated 15.05.2014 passed in aforesaid CWJC No.20002 of 2013 by a learned Single Judge of this Court has been set aside and reversed by a Division Bench of this Court by the judgment dated 15.12.2015 passed in LPA No.34 of 2015 and the aforesaid writ petition bearing CWJC No.20002 of 2013 has been dismissed with certain observations made therein by the Division Bench. Following the judgment of the Division Bench, both the writ petitions are dismissed in the same terms with same observations, but there shall be no order as to costs. Arvind/- (Birendra Prasad Verma, J) U