Patna High CourtCWJC/14117/2014dismissed

Basudeo Sahni v. The State Of Bihar And ORS

2016-09-26Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14117 of 2014 ====================================================== Basudeo Sahni son of Gena Sahni resident of Village Mankauli, Police Station Kalyanpur, District Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the President Bihar Land Tribunal, Patna.

2. The President Bihar Land Tribunal, Patna.

3. The Divisional Commissioner, Darbhanga.

4. The Collector Samastipur, District - Samastipur.

5. The Deputy Collector, Land Reform-cum-Competent Authority, Samastipur.

6. The Circle Officer, Kalyanpur, District - Samastipur.

7. Shiv Shankar Prasad Gupta son of late Ram Bharose Sah resident of Village Mankauli, Police Station Kalyanpur, District Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Nand Shukla, Adv. Mr. Nawnit Kr. Tiwary, Adv.

For the Respondent Nos. 1 to 6 : Mr. Indradeo Prasad, SC-27 For the Respondent No. 7 : Mr. Deo Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-09-2016 The petitioner has filed the present writ petition assailing the validity and correctness of the order dated 28th March, 2014 passed by the learned Bihar Land Tribunal, Patna in B.L.T. Case No. 294 of 2013, as contained in Annexure-9 to the writ petition, whereby the matter has been remitted back to the respondent D.C.L.R., Samastipur with a direction to decide the case filed by the petitioner on merits as also on jurisdiction under the provisions of The Bihar Land Disputes Resolution Act, 2009. Admittedly, in view of the aforesaid remand order, the matter has to be decided afresh by the competent authority and the petitioner will have an opportunity to raise all the issues of facts and law, which may be available to him with respect to the lands in question.

Patna High Court CWJC No.14117 of 2014 (2) dt.26-09-2016 2/2 In above view of the matter, this Court is not inclined to interfere with the order dated 28th March, 2013 passed in B.L.T. Case No. 294 of 2013 by the learned Bihar Land Tribunal, Patna. The writ petition is devoid of merit and is, accordingly, dismissed.

(Birendra Prasad Verma, J) BTiwary/- U