← Library
Patna High CourtL.P.A/388/2016disposed

Rabindra Prasad Singh And ANR v. The State Of Bihar And ORS

2017-12-06Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.388 of 2016 IN Civil Writ Jurisdiction Case No. 5705 of 1991 ===========================================================

1. Rabindra Prasad Singh

2. Yogendra Prasad Singh Both sons of late Mishree Singh, R/o Village Khoontadih, P.S. Barahaiya, Distt. Munger.

.... .... Appellants / Writ petitioners

Versus

1. The State of Bihar

2. The Commissioner, Magadh Range, Gaya,

3. The Collector, Nawada,

4. The Additional Collector, Nawada,

5. General Manager, District Industry Centre, Nawada,

6. Anchal Adhikari, Nawada,

7. Land Reforms Deputy Collector, Nawada ............ Respondents 1st Set

8. Late Saudagar Yadav,

9. S.P. Vigilance, Bihar, Patna .... .... Respondents 2nd Set.

=========================================================== Appearance:

For the Appellant/s : Mr. Sanjay Singh, Mr. Praveen Kumar and Mr. Vinod Kumar, Advocates.

For the Respondent/s : Mr. Anjani Kumar, AAG 6. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-12-2017 Heard learned counsel for the appellants and learned counsel for the State.

The proceedings under Section 4(h) of the Bihar Land Reforms Act, after 27 years, have been finally initiated, that too, only after this Court took a very grim view of the situation and summoned the District Magistrate / Collector of Nawada to appear in person.

Patna High Court LPA No.388 of 2016 dt.06-12-2017 2/2 Learned counsel for the petitioners-appellants submits that the petitioners are willing to co-operate in the proceedings but they should be given leeway and the objections which may be available to them under law.

It is stating the obvious. This Court has nothing to comment upon the strategy which the learned counsel or his client would like to adopt in the said proceedings.

The District Magistrate, Nawada, however, would be well advised to be cautious in this matter keeping in mind that somebody or a chain of people within the system have frustrated the proceedings by keeping it on hold for 27 years. It will also be good for him if he identifies such people, who were responsible, and bring them to book. The Appeal stands disposed of with the hope that the District Magistrate, Nawada shall take charge of the situation so that the matter does not go in hibernation a second time over. Personal appearance of the District Magistrate, Nawada shall remain disposed with now.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.12.2017 Transmission Date N/A