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Patna High CourtCWJC/1743/2019dismissed

Bala Singh And ORS v. The State Of Bihar And ORS

2025-02-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1743 of 2019 ====================================================== 1.

Bala Singh Son of Late Basudeo Singh resident of Village- Ghataon, P.S. - Kudra, District- Kaimur (Bhabhua).

2.

Ramesh Kumar Singh Son of Bankteshwar Singh resident of VillageGhataon, P.S. Kudra, District- Kaimur (Bhabhua). 3.

Mukhram Singh Son of Late Akul Singh resident of Village- Ghataon, P.S. Kudra, District- Kaimur (Bhabhua).

4.

Rajendra Prasad son of Late Bishnu Deyal Prasad resident of VillageGhataon, P.S. Kudra, District- Kaimur (Bhabhua). 5.

Manoj Kujmar Singh @ Manoj Kumar son of Late Rameshwar Singh resident of Village- Ghataon, P.S. Kudra, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

The State Of Bihar and 2.

The Chairman, Bihar Land Tribunal Patna.

3.

The Director of Consolidation, Bihar (Patna). 4.

The Consolidation Officer, Kudra, District- Kaimur (Bhabhua). 5.

Indrasan Singh son of Late Ram Murat Singh resident of Village- Buduri, P.S. Durgawati, District- Kaimur, at present residing at Village- Ghataon, P.O.- Kudra, District- Kaimur (Bhabhua).

6.

Govardhan Singh Son of Late Ram Murat Singh resident of Village- Buduri, P.S. Durgawati, District- Kaimur, at present residing at Village- Ghataon, P.O.- Kudra, District- Kaimur (Bhabhua).

7.

Rana Pratap Singh Son of Late Ram Murat Singh resident of VillageBuduri, P.S. Durgawati, District- Kaimur, at present residing at VillageGhataon, P.O.- Kudra, District- Kaimur (Bhabhua). 8.

Mangal Deo Singh Son of Late Ram Murat Singh resident of VillageBuduri, P.S. Durgawati, District- Kaimur, at present residing at VillageGhataon, P.O.- Kudra, District- Kaimur (Bhabhua). 9.

Ram Awadh Singh Son of Late Ram Kishun Singh resident of VillageBuduri, P.S. Durgawati, District- Kaimur, at present residing at VillageGhataon, P.O.- Kudra, District- Kaimur (Bhabhua). 10.

Ram Dular Singh Son of Late Ram Kishun Singh resident of VillageBuduri, P.S. Durgawati, District- Kaimur, at present residing at VillageGhataon, P.O.- Kudra, District- Kaimur (Bhabhua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Ishwar Prasad, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Patna High Court CWJC No.1743 of 2019(3) dt.06-02-2025 2/3 ORAL ORDER 06-02-2025 Learned counsel for the petitioners and learned counsel for the State.

2. The present Writ Petition has been filed for setting aside the order dated 29.01.2018, passed by respondent No.2, namely, the Chairman, Bihar Land Tribunal, Patna (contained in Annexure-9 in the Writ Petition) by which he set aside the order dated 16.04.2012 passed by respondent No.3, namely, the Director of Consolidation, Bihar (contained in Annexure-7 to the Writ Petition).

3. Learned counsel for the petitioner submits that the petitioners are subsequent purchaser of the land which are in dispute for which cases are pending between the two contesting parties and since intervener was allowed at the revision leevel, therefore, the rejection by the Bihar Land Tribunal is bad in law.

4. Learned counsel for the State submits that the petitioner has no locust standi. The said order contained in BLT Case No. 1337 of 2015 with BLT Case No. 1428 of 2015 due to the reason that he is the subsequent purchaser during litigation and by virtue of order passed in Rev. No. 269 of 2009, he has been added as intervener party in the said litigation. Counsel further submits that the Tribunal has correctly decided that since the petitioner has purchaser pendenti lite therefore, the decision

Patna High Court CWJC No.1743 of 2019(3) dt.06-02-2025 3/3 between the vendor of the petitioners and the contesting party shall automatically binding upon the petitioners and in this regard, Rev. No. 269 of 2009 has been set aside by the Bihar Land Tribunal. Learned counsel has categorically mentioned that another CWJC No. 22689 of 2012 is pending challenging the order passed in BLT Case No. 1337 of 2015 with BLT Case No. 1428 of 2015.

5. In light of the reasoning aforesaid, this Court is of the view that there is no need of any interference in the order dated 29.01.2018 passed in B.L.T. Case No. 1337 of 2015 with BLT Case No. 1428 of 2015.

6. Accordingly, the present Writ Petition stands dismissed.

(Dr. Anshuman, J) Ashwini/- U