Patna High CourtC. REV./68/2016disposed

Kishori Prasad Singh v. The State Of Bihar And ORS

2017-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.68 of 2016 In Civil Writ Jurisdiction Case No. 20580 of 2011 ======================================================

1. Kishori Prasad Singh, Son of Late Ram Deo Singh, R/O VillageDumariya Bhatha, P.S.- Kishanganj, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, District- Kishanganj,

3. Sub-Divisional Officer, Sub-Divsion- Kishanganj, District- Kishanganj.

4. The Land Reforms Deputy Collector, Kishanganj, District- Kishanganj.

5. The Anchal Adhikari, Anchal and P.S.- Kishanganj, District- Kishanganj.

6. Shankar Thakur, Son of Late Bhikari Thakur,

7. Mangani Singh, Son of Janak Singh,

8. Yogendra Sharma, Son of Late Ramanand Sharma, All are resident of Village- Dumariya Bhata, Anchal and P.S.- Kishanganj, DistrictKishanganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2017 Heard the parties.

Originally, petitioner filed CWJC No. 20580 of 2011 but the said writ petition was dismissed as withdrawn vide order dated 20.11.2014 as this was brought to the notice of the court that parties had already settled their dispute outside the court and the aforesaid fact was placed before the court by the then learned counsel for the petitioner.

However, the petitioner filed MJC No. 33 of 2015 for recall of the order dated 20.11.2014 passed in CWJC No. 20580 of

Patna High Court C. REV. No.68 of 2016 (2) dt.06-12-2017 2/2 2011 but the aforesaid MJC No. 33 of 2015 was dismissed vide order dated 08.04.2015. The petitioner again made attempt for recall of order dated 20.11.2014 by filing CWJC No. 13642 of 2015 but the said writ petition was dismissed as withdrawn vide order dated 01.09.2015.

However, learned counsel appearing for the petitioner submits that petitioner wants to challenge the order dated 06.07.2011 passed in Land Dispute Redressal Case No. 7 of 2010/2011 before the appropriate forum but the order dated 20.11.2014 passed in CWJC No. 20580 of 2011 may create hurdle in challenging the above stated order dated 06.07.2011 passed in Land Dispute Redressal Case No. 7 of 2010/2011 and, therefore, this Court may dispose of this petition giving observation that the order dated 20.11.2014 shall not cause any prejudice to the concerned court where the order dated 06.07.2011 passed in Land Dispute Redressal Case No. 7 of 2010/2011 is challenged. With the aforesaid observation, this petition stands disposed of.

(Hemant Kumar Srivastava, J) N.K/- U