Parsuram Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14072 of 2019 ====================================================== Parsuram Bind Son of Late Aklu Bind Resident of Village- Dumra, P.O. Pabhera, P.S.- Dhanaurua, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Collector, Patna. 2.

The Additional Collector Patna.

3.

The Deputy Collector of Land Reforms Masauri (Patna). 4.

The Circle Officer Dhanarua, District- Patna. 5.

Bacchu Prasad Son of Late Ghutur Yadav Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

6.

Parikha Yadav Son of Late Rajnandan Singh Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

7.

Satendra Singh Son of Bindeswari Prasad Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

8.

Ram Chandra Singh Son of Bindeswari Prasad Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

9.

Kamta Prasad Vidyarthy Son of Late Ram Lagan Singh Resident of VillageDumra, P.S. Dhanarua, District- Patna. 10.

Anandi Singh Son of Late Raj Nandan Singh Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

11.

Prashant Son of Sri Kaushal Kishore Resident of Village- Dumra, P.S. Dhanarua, District- Patna.

12.

Shyam Nandan Prasad Son of Late Ram Swaroop Prasad Resident of Village- Pankar Tar, P.S. Dhanarua, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Respondent/s :

Mr.Raj Kishore Roy ( GP-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the parties.

2. This application has been filed seeking direction to the Additional Collector, Patna not to hear Jamabandi Cancellation Case No. 68 of 2018, in the light of the order dated

Patna High Court CWJC No.14072 of 2019(2) dt.19-07-2019 2/2 23.05.2018, passed by Respondent No.3, the Deputy Collector Land Reforms, Masuri, Patna in BLDR Case No. 57 of 2017-18 and also in view of pendency of Title Suit No. 276 of 2018 before learned Sub-Judge-I, Patna in respect of the same land.

3. In my view, this writ application is misconceived. If according to the petitioner, the said Jamabandi Cancellation case is not maintainable, the petitioner could have taken such plea before the Additional Collector, Patna. The Additional Collector has neither entertained this application nor has passed any order on the application filed by the private respondent under Section 9 of the Bihar Mutation Act, 2011.

4. In such circumstance, this application is disposed of with the only observation that the petitioner can take such objection in the said Jamabandi Cancellation case, as is being raised in the present application, which shall be considered in accordance with law.

5. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U