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Patna High CourtL.P.A/152/2015dismissed

Faij Ahmad Ansari And ORS v. The State Of Bihar And ORS

2017-06-20Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.152 of 2015 IN Civil Writ Jurisdiction Case No. 13620 of 2010 ===========================================================

1. Faij Ahmad Ansari son of Late Ismail Mian resident of village Banauli, P.S. Chenari, District Rohtas

2. Jaki Ahmad son of Late Ismail Mian resident of village Banauli, P.S. Chenari, District Rohtas

3. Jubair Ahmad Ansari @ Jubair Ahmad resident of village Banauli, P.S. Chenari, District Rohtas

4. Pervez Ahmad Ansari null resident of village Banauli, P.S. Chenari, District Rohtas

5. Samim Ahmad, son of Late Ismail Mian resident of village Banauli, P.S. Chenari, District Rohtas

6. Israt Jahan daughter of Late Ismail Mian, resident of village Banauli, P.S. Chenari, District Rohtas

7. Khairoon Nisa daughter of Late Ismail Mian, resident of village Banauli, P.S. Chenari, District Rohtas

8. Yasin Parveen daughter of Late Ismail Mian, resident of village Banauli, P.S. Chenari, District Rohtas

9. Jamila Khatoon @ Jalila Khatoon daughter of Late Ismail Mian, resident of village Banauli, P.S. Chenari, District Rohtas .... .... Appellants

Versus

1. The State of Bihar

2. The Additional Member, Board of Revenue, Govt. of Bihar, Patna.

3. The Additional Collector, Rohtas at Sasaram

4. The L.R.D.C. Rohtas at Sasaram

5. Nasim Mian son of Late Yusuf Mian Resident of village Banauli, P.O.P.S. Chenari, District Rohtas.

6. Md. Azim son of Late Hazi Abdul Halim Resident of village Banauli, P.O. and P.S. Chenari District- Rohtas

7. Anwari Khatoon wife of Md. Azim, Resident of village Banauli, P.O and P.S. Chenari, District Rohtas .... .... Respondents =========================================================== Appearance :

For the Appellants :

Mr. Sandeep Kumar, Advocate Mr. Shivjee Singh, Advocate For the Respondent State:

Mr. Prabhakar Jha, GP-27 Mr. Umesh Narayan Dubey, AC to GP-27 For the Respondent No.6:

Mr. K.N.Choubey, Senior Advocate Mr. Mahesh Prasad-II, Advocate Mr. Rewti Kant Raman, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)

Patna High Court LPA No.152 of 2015 dt.20-06-2017 2/2 Date: 20-06-2017 The Court of law cannot be indulgent towards litigants, who deliberately have tried to hoodwink the Court by not making a declaration about a previous writ application having been moved against the impugned order passed by a Member, Board of Revenue. A Statement made in the writ application about lack of knowledge about the order of the Member, Board of Revenue, has also been disproved by the respondents in their counter affidavit by giving details about the number of requisitions filed as well as the dates on which the certified copies of the order of the Member, Board of Revenue was obtained.

In the opinion of this Court, the learned single Judge was indulgent by only imposing cost upon the appellants to be deposited before the Bihar State Legal Services Authority, Patna, and not ordered prosecution of these appellants.

The conduct of the appellants being what it is and the order indicates such a position in detail, it is not a fit case where any interference is required to be made in the interest of justice as well as to keep the stream of justice pure.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.06.2017 Transmission Date N/A