Patna High CourtL.P.A/1186/2016dismissed

Sri Ram Sahani v. The State Of Bihar And ORS

2017-12-01Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1186 of 2016 IN Civil Writ Jurisdiction Case No. 7520 of 2004 =========================================================== Sri Ram Sahani, son of Late Budhu Sahani, resident of Village Karanpur Bochahan Tola, Kakra Chak, P.O. and P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner - Appellant

Versus

1. The State of Bihar

2. The Member, Board of Revenue, Bihar, Patna

3. The Additional Collector, Muzaffarpur

4. The Deputy Collector of Land Reforms, Muzaffarpur ...............Respondent 1st Party - Respondents 1st Party

5. Abdul Majid son of Late Nisarat Hussain, resident of village Ratanpura, P.O. Gharbhara, P.S.- Bochahan, District- Muzaffarpur ...............Respondent 2nd Party - Respondent 2nd Party ...... (Transferee)

6. Sri Ram Brikshna Sahani

7. Sri Rajendra Sahni Both are sons of Late Lakshaman Sahni, resident of village Karanpur Bochahan Tola, Kakra Chak, P.S.- Bochahan, District- Muzaffarpur .... .... Respondents 3rd Part - Respondents 3rd Party. - (Transferor) ................ Respondents.

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

For the Appellant : Mr. J.S. Arora, Sr. Advocate, Mr. Majoj Kumar, Mr. Gaurav Pratap and Ms. Aishwarya, Advocates.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 01-12-2017 Heard learned Senior Counsel for the appellant. Perused the impugned order dated 09.12.2015. With a concurrent findings of all the forums which were also not found to be erroneous by the learned single Judge that the present pre-emptor not

Patna High Court LPA No.1186 of 2016 dt.01-12-2017 2/2 being a boundary raiyat in absolute terms, the dismissal of the application for pre-emption by all the authorities including the learned single Judge cannot be said to be bad in law. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.12.2017 Transmission Date N/A