Patna High CourtL.P.A/1953/2015dismissed

Raj Kumar Shahni v. The State Of Bihar And ORS

2017-09-07Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1953 of 2015 IN Civil Writ Jurisdiction Case No. 3339 of 2015 =========================================================== Raj Kumar Shahni, Son of Late Yogendra Sahni, resident of village- Ghat Bhatra, P.S Bisfi, District- Madhubani.

.... .... Appellant

Versus

1. The State of Bihar through Additional Secretary, Fisheries Department, Govt. of Bihar, Patna.

2. The Executive Officer-cum-District Fisheries Officer, Madhubani.

3. The Sub- Divisional Officer, Benipatti , Madhubani.

4. The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

5. Md. Ashad Ali, Son of Late Wakil Jat, resident of village- Singhia, P.S. Bisfi, District- Madhubani.

.... .... Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Dhananjay Kumar, Advocate. For the Respondents-State: Mr. Syed Md. Najmul Bari, AC to SC 20. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 07-09-2017 Heard learned counsel for the appellant and learned counsel for the State.

The learned Single Judge has already set aside the order of cancellation of Sairat on the grounds of principles of natural justice and given opportunity to the appellant to demonstrate before the authorities with his defence or reasons for not taking such a decision. Learned counsel for the appellant submits that on a fraud played by certain vested interest the exclusion of the Sairat at the government level was managed which, in turn, became the reason for

Patna High Court LPA No.1953 of 2015 dt.07-09-2017 2/2 cancellation, therefore, that aspect of the matter was not touched by the learned Single Judge.

Since a forum and opportunity has already been provided to the appellant and the order of cancellation of Sairat is dependent upon the previous decision, all these issues can very well be agitated before the concerned authority.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.09.2017 Transmission Date N/A