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Patna High CourtCWJC/16368/2010disposed

Sri Surendra Prasad Singh And An v. The State Of Bihar And ANR

2015-01-16Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16368 of 2010 ===========================================================

1. Sri Surendra Prasad Singh, S/O Sri Ram Swarath Singh, resident of VillageMangalichak, P.S.- Phulwari, at present Police Station- Parsa Bazar, Distt.- Patna.

2. Smt. Manju Devi, D/O Sri Ram Swarath Singh, Resident of Village- Madarpur, P.S.- Punpun, District- Patna.

.... .... Petitioners

Versus

1. The State of Bihar through Collector, Patna

2. The Collector, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. SANDEEP KUMAR For the Respondent/s : Mr. Sunil Kumar Mandal, SC-24 Mr. Bipin Kumar, AC to SC-24.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 16-01-2015 The petitioners seek direction to respondent no.2 to dispose of the Revision Case No. 10 of 1997-98 within a reasonable time in the light of order dated 10.05.2000, passed in C.W.J.C. No. 4234 of 1999.

2. The petitioners applied for mutation of their names with respect to the disputed lands of village Jagarnathpur, Tola Mangalichak. The Circle Officer, Fulwari declined to pass any order on the ground that Title Suit No. 420 of 1990 is pending between the parties. In appeal, the D.C.L.R., Patna Sadar, directed recording of names of both the parties to the extent of 50% each. The Collector on revision affirmed the view of the Circle Officer.

3. On perusal of the materials on record this Court

Patna High Court CWJC No.16368 of 2010 dt.16-01-2015 2 / 2 vide order dated 10.05.2000 passed in C.W.J.C. No. 4234 of 1999 observed that land in question do not form part of the title suit, as such directed the Collector to consider the mutation matter.

4. No one appears on behalf of the petitioner.

5. Counsel for the State is present.

6. The Collector, Patna would abide by the earlier order of this Court dated 10.05.2000 passed in C.W.J.C. No. 4234 of 1999, wherein direction has been issued to dispose of the revision petition. The petitioners should also file a fresh petition before the Collector, Patna.

7. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U