Sarswati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4451 of 2015 ====================================================== Sarswati Devi wife of Dhrub Kumar Bhagat, Resident of Village Sherpur Jalal, P.O. Abakarpur, P.S. Goraul O.P. District- Vaishali ... ... Petitioner/s

Versus

1.The State Of Bihar through Collector, Vaishali

2. The Dy. Collector Land Reforms, Mahuwa, Vaishali

3. The Circle Officer Chehra Kala Block Goraul, Vaishali

4. Manju Devi, wife of Sagina Bhagat 5(a) Sangeeta 5(b) Sunil both are under the guardianship of her mother, are resident of village Saresa P.O. Bishunpur, Arara, P.S. Goraul, District Vaishali

6. Ramdeo Bhagat son of Late Dukhit Bhagat, resident of village Sherpur Jalal, P.S. Goraul O.P. Katahara, Anchal Cheharatala District Vaishali

7. Tribhuwan Bhagat son of late Dukhit Bhagat 8.Jaga Bhagat son of Both resident of village Sherpur Jalal, P.S. Goraul O.P. Katahara Anchal Cheharatala District Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratan Kumar Sinha For the Respondent/s :

Mr.Sc14- Dr. Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner, State of Bihar and the private respondents.

2. Assailing the impugned order dated 24.02.2015 passed in Mutation Appeal No.76/2013-14, learned counsel appearing on behalf of the petitioner has submitted that no Letters Patent Appeal was ever preferred against the decision of this Court rendered in CWJC No. 5151 of 2008. Evidently, the appeal of the petitioner has been dismissed by the Deputy

Patna High Court CWJC No.4451 of 2015(5) dt.14-02-2019 2/2 Director Land Reforms on the ground that a Letters Patent Appeal is pending before this Court.

3. Learned counsel appearing on behalf of the respondents does not dispute that any Letters Patent Appeal is pending or was ever duly filed in this Court against the order dated 16.07.2013 passed in CWJC No. 5151 of 2008.

4. In such view of the matter, the challenge to the impugned order dated 24.02.2015 passed by the Deputy Collector Land Reforms, Mahua is sustained. The said order dated 24.02.2015 is, accordingly, set aside.

5. The matter is remanded back to the Deputy Collector Land Reforms, Mahua, Vaishali to pass an order afresh within four weeks from the date of receipt/production of a copy of this order.

6. This application is, thus, allowed.

(Chakradhari Sharan Singh, J) arun/- U