Patna High CourtCWJC/5462/2016dismissed

Mamta Devi @ Mamta Kumari And ANR v. The State Of Bihar And ORS

2016-11-15Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5462 of 2016 ======================================================

1. Mamta Devi @ Mamta Kumari, W/o Vijay Kumar Vikrant and daughter of Rajendra Prasad, r/o Village Barwadih, P.S- Dumaria, Distt., Gaya, Bihar,

2. Prdeep Kumar, S/o Late Sunaina Devi and Surendra Prasad, r/o Village Chiraili, P.S.- Khijarsarai, Distt.- Gaya, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Deptt. of Revenue and Land Reforms, Govt. of Bihar, Patna.

2. The Director, Directorate of Revenue and Land Reforms, Bihar, Patna.

3. The Divisional Commissioner, Magadh Division, Gaya.

4. The District Collector, Gaya.

5. The Deputy Collector, Land Reforms, Neemchak Bathani, Gaya.

6. The Circle Officer, Khijarsarai, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brijeshwar Narayan Singh, Adv. For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3 Mr.Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-11-2016 Heard the parties.

The present writ petition seems to be completely misconceived and untenable. No facts have been properly disclosed in the writ petition. Though, the learned counsel appearing on behalf of the petitioners submits that a civil suit is also pending with respect to the lands in question, but all those facts have not been categorically disclosed in the present writ petition. The manner in which the facts have been disclosed, the issues raised by the petitioners cannot be properly decided in the present proceeding.

In above view of the matter, the present writ petition is dismissed.

However, the petitioners shall be at liberty to file a

Patna High Court CWJC No.5462 of 2016 (2) dt.15-11-2016 fresh writ petition in the same subject matter after disclosing all the relevant facts in chronological order and with crystallized reliefs enumerated in paragraph 1 of the writ petition. (Birendra Prasad Verma, J) Arvind/- U