Patna High CourtCWJC/20029/2012disposed

Mina Devi v. The State Of Bihar And ORS

2015-10-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20029 of 2012 ====================================================== Mina Devi W/O Jainendra Prasad Singh R/O Vill. Sahadullapur Chak, P.O.- Madhepura, P.S. Bidpur, Distt. Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Members Board of Revenue, Old Secretariat, Patna

3. The District Magistrate-cum-Collector, Hajipur at Vaishali

4. Sub Divisional Judicial Magistrate, Hajipur at Vaishali

5. Circle Officer, Bidupur, Vaishali at Hajipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Jawed Ghaffar Khan, AC to SC 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ---------------- 09-10-2015 Heard the parties.

2. The petitioner has filed the present writ petition seeking a direction to the respondent- Member, Board of Revenue for disposal of the Ceiling Revision Case No. 153 of 2006 (Smt.Meena Devi Vs. Bishwanath Singh & Others) as also for grant of incidental relief.

3. Learned counsel appearing on behalf of the petitioner submits that the aforesaid Ceiling Revision application has been admitted by the Member, Board of Revenue and though the petitioner is appearing on each and every date, yet for the reasons best known to the respondent Member, Board of Revenue, the aforesaid revision application is not being disposed of. Her grievance is that the prayer for interim relief is also not being considered.

4. Learned AC to SC 7, appearing on behalf of the respondents, on instructions, submits that the aforesaid revision application is still pending and next date fixed is 29.10.2015.

Patna High Court CWJC No.20029 of 2012 (4) dt.09-10-2015 2/2 According to him, since the petitioner is not appearing on the date (s) fixed, therefore, matter is not being disposed of.

5. Learned counsel appearing on behalf of the petitioner, by way of reply, submits that the next date fixed is 22nd October, 2015 and on each and every date, counsel appearing on behalf of the petitioner is appearing, yet the matter is not being disposed of.

6. After having heard the parties, the present writ petition is disposed of with a direction to the Member, Board of Revenue, Bihar, Patna to take up the aforesaid revision application filed on behalf of the petitioner on priority basis either himself or, he may allocate the aforesaid case to any other Additional Member, Board of Revenue, Bihar, Patna and all endeavour should be made to dispose of the same at an early date preferably within a period of three months from the date of receipt/production of a copy of this order.

7. It is clarified that if the petitioner does not appear on the date (s) fixed, then the respondent no.2 or any other Additional, Member, Board of Revenue to whom the case is allotted shall be at liberty to pass appropriate order in the aforesaid Ceiling Revision case.

8. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U