Prem Chandra Ray @ Premchand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.482 of 2022 In Civil Writ Jurisdiction Case No.10117 of 2020 ====================================================== Prem Chandra Ray @ Premchand Rai S/o Late Ramashish Ray, Resident of Village- Shahwajpur, Bishunpura, P.S. Bihta, Distict- Patna. ... ... Appellant.

Versus

1.

The State of Bihar.

2.

The Collector-Cum-District Magistrate, Patna. 3.

The Deputy Collector, Land Reforms, Danapur, Patna. 4.

The Circle Officer, Bihta, Patna.

5.

Ishwar Dayal Rai, Son of Late Bijendra Rai, Resident of VillageShahwajpur, P.O. and P.S. Bihta, District- Patna. 6.

Jeera Devi, Wife of Ram Sagar Prasad, Resident of Village- Shahwajpur, P.O. and P.S. Bihta, District- Patna.

7.

Ram Sagar Prasad Son of Late Raghunath Prasad, Resident of VillageShahwajpur, P.O. and P.S. Bihta, District- Patna. ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Abu Haidar, Advocate.

For the State :

Mr. Majid Mahboob Khan, AC to AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 25-06-2025 The appellant has assailed the order of the learned Single Judge dated 08.08.2022 passed in C.W.J.C. No.10117 of 2020.

2. In the writ petition (C.W.J.C. No.10117 of 2020), the appellant had prayed for the following relief(s): "(a) For issuance of an appropriate writ,

Patna High Court L.P.A No.482 of 2022 dt.25-06-2025 2/3 order or direction to the Respondent authorities that the petitioner is entitled for possession of land under Khata No.128 Khesra No.1163 Area 24 1⁄2 decimal as per the order of learned Land Reforms Deputy Collector dated 16.6.2009 passed in Land Ceiling Case No.01/08-09 u/s 16(3) where learned court allowed the Preemption case and directed the Respondent No.5 namely Jeera Devi to transfer the said land in favour of the petitioner within 2 months and received the deposited amount except 10% of the deposited amount.

(b) For issuance of writ/order or direction after quashing of Annexure-8 whether learned court closed the case of the petitioner while petitioner have perfect right & title as per order dated 16.6.2009 and 13.5.2010 therefore the Respondent No.5 be directed to give the possession to the petitioner after execution of sale deed dated 3.3.2010.

(c) To grant any other relief or reliefs as your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Prima facie, the writ petition (C.W.J.C. No.10117 of 2020)/the present L.P.A. No.482 of 2022 is not maintainable having regard to the nature of relief(s) sought in the writ petition (C.W.J.C. No.10117 of 2020). Appellant has a statutory remedy before the Jurisdictional forum or Court. Accordingly, the

Patna High Court L.P.A No.482 of 2022 dt.25-06-2025 3/3 present L.P.A. No.482 of 2022 stands dismissed, reserving liberty to the appellant to invoke remedy before the Jurisdictional forum or Court.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.06.2025.

Transmission Date NA