Yanglal Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10823 of 2012 ====================================================== Yanglal Rai, S/O - Sri Ram Naresh Rai, R/O Village - Moudahi, P.S. - Bihta, District - Patna .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector cum District Magistrate, Patna
3. The Deputy Collector Land Reforms, Paliganj, Patna
4. The Circle Officer, Dulhin Bazar, P.S.- Dulhin Bazar, District - Patna .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Utsav Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-09-2015 The petitioner is aggrieved by the order dated 07.04.2012 passed in Mutation Revision Case No.36 of 2011-12 by the respondent District Collector, Patna, as contained in Annexure-6, whereby the aforesaid Mutation Revision Case filed on behalf of the petitioner has been dismissed and the order passed by the respondent D.C.L.R., Paliganj has been affirmed on the ground that with respect to the lands in question Title Suit is pending in the Civil Court of competent jurisdiction. From the materials available on record, this Court further finds that the appeal preferred by the petitioner before the respondent D.C.L.R. was also rejected by an order dated 21.09.2011 (Annexure-3) primarily on the ground that Title Suit No.03 of 2005 is pending between the parties with respect to the lands in question.
In above view of the matter, this Court is not inclined to interfere with the orders impugned. The writ petition is, accordingly, dismissed.
Patna High Court CWJC No.10823 of 2012 (3) dt.24-09-2015 However, the parties shall be at liberty to raise all the issues of facts and law, which may be available to them, with respect to the lands in question in the aforesaid pending Title Suit. (Birendra Prasad Verma, J) Arvind/- U