Patna High CourtCWJC/14965/2014dismissed

Ashok Singh v. The State Of Bihar And ORS

2016-10-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14965 of 2014 ====================================================== Ashok Kumar Singh, son of Late Sita Ram Singh, resident of MohallaKarma Road, Aurangabad, P.S. and District- Aurangabad .... .... Petitioner/s

Versus

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

2. The District Magistrate, Aurangabad

3. The Additional Collector, Aurangabad

4. The Deputy Commissioner of Land Reform, Aurangabad

5. The Circle Officer, Circle Aurangabad, Aurangabad

6. Ramjee Singh, Halka Karmchari Halka, Baratpur Circle, Aurangabad, Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Verma, Adv. Mr.Vyas Kumar Mishra, Adv.

For the Respondent nos.1to5 : Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-10-2016 Heard the parties.

By the impugned order dated 31.01.2014 passed in Mutation Revision Case No.290 of 2012-13 by the respondent Additional Collector, Aurangabad, as contained in Annexure-3 to the writ petition, the matter has been remanded to the respondent D.C.L.R. (Appellate Authority) for deciding the case afresh on merits, as the earlier order was passed behind the back of the petitioner of that revision case.

In view of the fact that the matter has to be decided afresh and the petitioner will have full opportunity to raise all the issues of facts and law with respect to the lands in question before the appellate authority in view of the aforesaid order of remand, this Court is not inclined to interfere with the impugned order dated 31.01.2014 passed in Mutation Revision Case No.290 of

Patna High Court CWJC No.14965 of 2014 (2) dt.03-10-2016 2012-13 by the respondent Additional Collector, Aurangabad (Annexure-3). Accordingly, the writ petition is dismissed. (Birendra Prasad Verma, J) Arvind/- U