Patna High CourtCWJC/7077/2014dismissed

Md. Azam v. The State Of Bihar And ORS

2016-10-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7077 of 2014 ====================================================== Md. Azam, son of Md. Yasin, Resident of village - Rewahi, P.S. Narpatganj, District - Araria, at present residing at village and P.O. Prawaha, P.S. Forbesganj, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Purnea

3. The Land Reforms Deputy Collector, Forbesganj, Araria

4. Santosh Chaudhary, son of Late Sahdeo Chaudhary, resident of village & P.O. Parwaha, P.S. Forbesganj, District - Araria

5. Birendra Thakur, son of Arjun Thakur

6. Sachidanand Jha, Son of Chandra Nand Jha

7. Lalit Prasad Thakur, son of Arjun Thakur No. 5 to 7 resident of village and P.O. Parwaha, P.S. Forbesganj, District - Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nadimul Hasan, Adv. For the Respondent nos.1to3 : Mr. Najmul Bari, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-10-2016 Heard the parties.

The petitioner is aggrieved by the order dated 17th December, 2013 passed in B.L.T. Case No.148 of 2013 by the learned Bihar Land Tribunal, Patna, as contained in Annexure-5 to the writ petition, whereby the aforesaid case filed on behalf of the petitioner has been dismissed and the orders passed by the Divisional Commissioner as also the D.C.L.R. have been affirmed. Indisputably, the claim of the petitioner with respect to the lands in question has been rejected by all the statutory authorities by recording concurrent finding of facts against the petitioner.

In above view of the matter, this Court does not feel persuaded to interfere with the impugned order dated 17th

Patna High Court CWJC No.7077 of 2014 (2) dt.20-10-2016 December, 2013 passed in B.L.T. Case No.148 of 2013 by the learned Bihar Land Tribunal, Patna, as contained in Annexure-5 to the writ petition. The writ petition is devoid of merit and is, accordingly, dismissed.

However, dismissal of the writ petition shall not come in the way of the petitioner in approaching the Civil Court of competent jurisdiction for grant of an appropriate relief to the petitioner with respect to the lands in question. (Birendra Prasad Verma, J) Arvind/- U