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Patna High CourtCWJC/15556/2014disposed

Vivekanand Sarswati v. The State Of Bihar And ORS

2017-09-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15556 of 2014 ====================================================== Vivekanand Sarswati Son of Late Sardanand Sarswati, Resident of VillageMathauli, P.S.- Uchkagaon, District- Gopalganj .... .... Petitioner

Versus

1. The State of Bihar

2. The Collector, Gopalganj

3. The Circle Officer, Uchkagaon, District- Gopalganj

4. Baijnath Rai, Son of Late Maya Rai, Resident of Village- Barsain, P.S.- Uchkagaon, District- Gopalganj

5. Arbind Rai, Son of Late Madan Mohan Rai, Resident of Village- Barsain, P.S.- Uchkagaon, District- Gopalganj

6. Vivek Rai, Son of Late Madan Mohan Rai, Resident of Village- Barsain, P.S.- Uchkagaon, District- Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Adv. For the Respondent/s : Mr. A.C. to A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-09-2017 Heard the parties.

The petitioner has filed this writ petition for issuance of direction to respondent no. 2 to pass appropriate order on petition dated 13.03.2014 filed by him.

Counter affidavit has been filed on behalf of respondents no. 2 and 3.

In course of hearing, learned counsel for the petitioner submits that during pendency of this writ petition, the D.C.L.R., Hathua passed order dated 27.01.2015 in Bihar Sahukari Appeal No. 48 of 2014-15 and, therefore, this petition may be disposed of

Patna High Court CWJC No.15556 of 2014 (2) dt.12-09-2017 2/2 giving liberty to petitioner to file appeal against the order dated 27.01.2015 passed in Bihar Sahukari Appeal No. 48 of 2014-15. In view of the aforesaid facts and circumstances, this petition stands disposed of giving direction to respondent no. 2 to pass appropriate order in accordance with law on petition dated 13.03.2014 filed by the petitioner before him within a month from the date of receipt/production of copy of this order. So far as liberty to petitioner for challenging the order dated 27.01.2015 passed in Bihar Sahukari Appeal No. 48 of 2014-15 is concerned, the petitioner may challenge the aforesaid order in accordance with law before appropriate forum. (Hemant Kumar Srivastava, J) SHAHZAD/- U