Sanjeet Kumar @ Sanjeet Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.858 of 2019 In Civil Writ Jurisdiction Case No.7596 of 2017 ====================================================== Sanjeet Kumar @ Sanjeet Kumar Rai Son of Late Rameshwar Rai Resident of Village- Dudahi, P.S.- Babubarhi, District- Madhubani. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Commissioner Darbhanga Division Darbhanga. 3.

The Collector Cum District Land Acquisition Officer Madhubani. 4.

The Additional District Magistrate Madhubani. 5.

The Circle Officer of Babubarhi Anchal of Madhubani District. 6.

The Revenue Clerk of Dudahi Mouja of Babubarhi Anchal Madhubani,. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar Jha, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-02-2020 The appeal filed on 26.07.2019 is listed for hearing for the first time today before the Court.

The instant appeal is directed against the judgment dated 17.06.2019 passed by a learned Single Judge in C.W.J.C. No.7596 of 2017.

In view of the disputed questions of facts with regard to the petitioner's right/title over the suit land, the learned Single Judge rightly held the writ petition not to be maintainable reserving liberty to the writ petitioner to take all legal recourse

Patna High Court L.P.A No.858 of 2019(3) dt.20-02-2020 2/2 as is otherwise available to him including filing of civil suit. The title is exerted on the basis of a document which, in fact, records the owner to be Anabad Bihar Government and entry conferring right upon the petitioner is disputed by the State for the original of such document is not available nor was the Officer making such entry competent to do so. Under the Act, right can be conferred only by the competent authority and not by a lower functionary in the administration authorised to maintain the record. In this view of the matter, it cannot be held that the learned Single Judge committed any illegality or there is any perversity in the judgment in rejecting the impugned order. In that view of the matter, the instant appeal is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U