Munna Singh @ Raju Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.810 of 2019 In Civil Writ Jurisdiction Case No.876 of 2016 ====================================================== Munna Singh @ Raju Singh Son of Sri Baldeo Singh Resident of villageBarnaon, Police Station- Aayar in the district of Bhojpur. ... ... Appellant/s
Versus
1.
The State of Bihar Through the Principal Secretary, Department of Revenue, Government of Bihar, Patna.
2.
The Principal Secretary Department of Revenue, Government of Bihar, Patna 3.
The District Magistrate-cum-Collector Bhojpur. 4.
The Superintendent of Police Bhojpur.
5.
The Land Reforms Deputy Collector Jagdishpur in the District of Bhojpur. 6.
The Circle Officer Jagdishpur in the district of Bhojpur. 7.
Shivmuni Devi Wife of Burha Nut Resident of village- Dulhinganj, PostSaneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 8.
Shivlagan Ram Son of Late Mithu Ram Resident of village- Dulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 9.
Kamta Singh Son of Late Bhikhari Singh Resident of village- Dulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 10.
Bharat Sah Son of Late Bhuteli Singh Resident of village- Dulhinganj, PostSaneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 11.
Kariman Nut Son of Late Barari Nut Resident of village- Dulhinganj, PostSaneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 12.
Sudhan Nut Son of Late Jageshwar Nut Resident of village- Dulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 13.
Jhanu Nut Son of Late Keshwar Nut Resident of village- Dulhinganj, PostSaneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 14.
Harendra Pandit Son of Late Ramawatar Kumhar Resident of villageDulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur.
15.
Shivdhan Singh Son of Late Ganga Singh Resident of village- Dulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. 16.
Raj Kumari Devi Wife of Late Garjan Ram Resident of village- Dulhinganj, Post- Saneya Barhatta, P.S.- Jagdishpur in the district of Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amar Nath Singh, Adv.
Mr. Sunil Kumar, Adv.
Patna High Court L.P.A No.810 of 2019 dt.17-10-2019 2/3 For the Respondent/s :
Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-10-2019 I.A. No.1 of 2019 Having heard learned Counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.
L.P.A. No.810 of 2019 Heard Shri Amar Nath Singh, learned counsel for the appellant and Smt. Nutan Sahay, learned counsel for the State. The appeal has been preferred by the writ petitioner contending that at the very outset the learned Single Judge while entertaining the writ petition has passed an order which has the nature of a threat to the petitioner himself which can lead to dispossession of the petitioner whereas the petitioner was seeking relief for himself.
We find the said contention to be borne out from a perusal of the impugned order dated 7th of March, 2019 and we dispose of this appeal with the observation that the order dated 7th of March, 2019 shall not be treated to be an order for taking
Patna High Court L.P.A No.810 of 2019 dt.17-10-2019 3/3 coercive action unless any appropriate orders are passed after exchange of affidavits.
The appeal stands disposed of accordingly.
(Amreshwar Pratap Sahi, CJ) ( Ashutosh Kumar, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.10.2019 Transmission Date N/A