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Patna High CourtCWJC/23429/2013dismissed

Bhim Thakur And ORS v. The State Of Bihar And ORS

2016-01-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23429 of 2013 ======================================================

1. Bhim Thakur, Son Of Late Tulsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar)

2. Ayodhya Thakur, Son Of Late Tulsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar)

3. Arjun Thakur, Son Of Late Tulsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar)

4. Dudheshwar Thakur, Son Of Late Jalsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar)

5. Sahdeo Thakur, Son Of Late Jalsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar)

6. Raja Ram Thakur, Son Of Late Tulsi Hazam, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar) .... .... Petitioner/s

Versus

1. The State Of Bihar through the District Magistrate, Aurangabad

2. The District Magistrate, Aurangabad

3. The Deputy Collector Land Reforms, Aurangabad

4. Circle Officer, Madanpur, District - Aurangabad

5. Nand Kishore Thakur, Son Of Keshaw Thakur, Resident Of Village - Darbhanga, Police Station - Madanpur, District - Aurangabad (Bihar) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Adv. For the Respondent nos.1to4 : Mr. Amit Kumar Anand, AC to GP-15 For the Respondent no.5 : Mr.Mrigendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-01-2016 Heard the parties.

The petitioners are aggrieved by the order dated 11.09.2013 passed in B.L.T. Case No.202 of 2013 by the learned Bihar Land Tribunal, Patna, as contained in Annexure-1, whereby the aforesaid case filed on behalf of the petitioners has been dismissed on the ground of pendency of civil suit between the parties.

Though, the learned counsel appearing on behalf of the petitioners has argued the matter at quite some length, but he

Patna High Court CWJC No.23429 of 2013 (2) dt.04-01-2016 has fairly conceded that the claim of mutation raised on behalf of the petitioners with respect to the lands in question has been rejected by all the three statutory authorities, which have not been interfered with by the learned Bihar Land Tribunal, Patna. He has further fairly conceded that a civil suit is pending between the parties with respect to the lands in question. In above view of the matter, this Court does not find any good ground to interfere with the impugned order dated 11.09.2013 passed in B.L.T. Case No.202 of 2013 by the learned Bihar Land Tribunal, Patna (Annexure-1).

Consequently, the present writ petition is dismissed, but liberty is granted to the parties to raise all the issues of facts and law, which may be available to them, with respect to the lands in question in the pending civil suit.

(Birendra Prasad Verma, J) Arvind/- U