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Patna High CourtCWJC/9441/2017disposed

Jwalakant Chaudhary v. The State Of Bihar And ORS

2018-07-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9441 of 2017 ======================================================

1. Jwalakant Chaudhary, S/o Late Lakshmikant Chaudhary, R/o VillBaretha, P.S.- Falka, Distt- Katihar .... .... Petitioner

Versus

1. The State of Bihar and Anr .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. S.S.Dwivedi, Sr. Advocate. Mr. Parth Gaurav, Advocate.

For the Respondent/s : Mr. Rakesh Kumar Srivastava, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2018 Heard Mr. S.S. Dwivedi, learned Senior Counsel for the petitioner and Mr. Rakesh Kumar Shrivastava, learned counsel for the respondents.

In pursuance of the order dated 10.07.2018, Mr. Pradeep Kumar, Collector, Purnea is present in Court. Admittedly, the lands of the petitioner was illegally clubbed in another ceiling case and declared surplus. When this fact was brought to the notice of the Collector, Purnea, the then Collector rectified the order in the year 1995 and directed the authority to denotify the notification issued under Section 15(1) of the Land Ceiling Act but the land lord himself remained silent for years although de-notification was issued only in the year 2015. Even after de-notification the land lord petitioner did not move this court immediately. This writ petition has been filed in the year

Patna High Court CWJC No.9441 of 2017 (3) dt.16-07-2018 2/2 2017. Now, the possession of the land has already been handed over to the petitioner on 14.07.2018, therefore, I do not think it proper to pass any further order.

Accordingly, this writ petition is disposed of as has become infructuous.

The physical appearance of the Collector, Purnea is dispensed with.

(Prabhat Kumar Jha, J) Amit/- U