Kariman Kurmi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.184 of 2017 In Second Appeal No.247 of 2014 ====================================================== Kariman Kurmi & Ors ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2019 Even today nobody appears on behalf of the petitioners to press this petition.

This review petition has been filed to review the judgement dated 12.04.2017 passed in S. A. No. 247 of 2014 by which the Second Appeal has been dismissed on the ground that no substantial question of law is involved and the suit itself is barred under Section 43 of the Bihar Land Ceiling Act. The contention of the learned counsel for the appellants is that by amendment the petitioner sought relief for declaration of title and confirmation of possession but from perusal of amendment petition by which para 10 (ka) has been inserted it appears that the appellant stated that Late Bir Bahadur Singh filed petition before Consolidation Officer, Bhagalpur to prepare Chak Khata on the basis of Baxisnama and

Patna High Court C. REV. No.184 of 2017(4) dt.04-01-2019 2/2 Consolidation Officer found Bir Bahadur Singh in possession of the land and referred the matter to Dy Director, Consolidation but it appears that plaintiff/ appellant did not ever seek declaration of title and after considering the submission of learned counsel for the appellant and with regard to the facts about the amendment made in the plaint the Second Appeal was dismissed on merit. Therefore, I do not find any apparent error on the record.

Accordingly, this Civil Review petition is dismissed. (Prabhat Kumar Jha, J) BKS/- U