Patna High CourtCWJC/14209/2006dismissed

Jagdish Pd.Bhagat And ORS v. The State Of Bihar And ORS

2016-01-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14209 of 2006 ======================================================

1. Jagdish Pd.Bhagat

2. Rameshwar Pd. Bhagat

3. Baleshwar Pd. Bhagat

4. Dorik Pd. Bhagat

5. Baijnath Pd.Bhagat All sons of late Bandi Pd. Bhagat

6. Dularchandra Bhagat, son of late Anuplal Bhagat

7. Shambhu Pd. Bhagat, son of late Singheshwar Pd.Bhagat All resident of village-Sitanabad, P.S.-Bakhtiyarpur, District-Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary of the Government in the Department of Revenue, Old Secretariat, Patna.

2. The Commissioner, Koshi Division, Saharsa.

3. The Collector of the District Saharsa.

4. The Additional Collector, Saharsa.

5. The Deputy Collector Land Reforms, Simari Bakhtiyarpur, DistrictSaharsa.

6. The Anchal Adhikari, Simri Bakhtiyarpur, Saharsa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yashraj Bardhan Mr. Bishwa Bibhuti Kr.Singh Mr. Dharmendra Kr.Paswan For the Respondent/s : Mr. Shashi Shekhar Prasad Sinha, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-01-2016 The petitioners are aggrieved by the order dated 12.07.2006 passed in Revision Case No.24 of 2004 by the respondent Commissioner, Koshi Division, Saharsa, as contained in Annexure-8, whereby the matter has been remitted back to the Additional Collector, Saharsa for passing a fresh order in exercise of his powers under Section 4(H) of The Bihar Land Reforms Act, 1950. In view of the remand order, the matter is required to be decided afresh on merits.

In above view of the matter, this Court does not feel persuaded to interfere with the impugned order. The writ petition is, accordingly, dismissed.

Patna High Court CWJC No.14209 of 2006 (7) dt.06-01-2016 However, if the matter is still pending before the Additional Collector, then the petitioners shall be at liberty to raise all the issues of facts and law, which may be available to them, with respect to the lands in question.

(Birendra Prasad Verma, J) Arvind/- U