Patna High CourtL.P.A/1689/2016dismissed

Smt. Anita Devi v. The State Of Bihar And ORS

2017-05-08Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1689 of 2016 Arising out of Civil Writ Jurisdiction Case No. 6906 of 2014 =========================================================== Smt. Anita Devi, W/o Ravi Kant Sah, resident of village- Mahmada, P.S.- Pusa, Circle-Pusa, District- Samastipur .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Collector, District- Samastipur

3. The Circle Officer, Pusa, Samastipur

4. Dhrub Prasad Singh, S/o- Late Ambika Prasad Singh, Resident of VillageHarpur Mahmada, P.S.- Pusa, District- Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

For the Respondent/s : Mr. Rohitabh Das, A.C. to AAG-X =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-05-2017 None appears for the appellant.

2. Seeking exception to an order dated 25.07.2016 passed by the learned Writ Court in C.W.J.C. No. 6906 of 2014 this appeal has been filed under Clause 10 of the Letters Patent.

3. From perusal of the order passed by the learned Writ Court, it is seen that on account of suppression of fact by the appellant with regard to a mutation case pending with regard to the dispute in question, which fact was brought to the notice of the Court by the Intervenor Dhrub Prasad Singh, the writ petition has been dismissed.

Patna High Court LPA No.1689 of 2016 dt.08-05-2017 2/2

4. Even in the counter affidavit filed on behalf of Respondent Nos. 1 to 3 in this appeal, the suppression of fact is apparent. That being so, we find no error in the order passed by the learned Writ Court dismissing the writ petition on the ground of suppression of fact made by the appellant.

5. Therefore, the Letters Patent Appeal is dismissed. (Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 12.05.2017 Transmission Date