Patna High CourtL.P.A/959/2016dismissed

Ram Kewal Mahto v. The State Of Bihar And ORS

2017-11-13Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.959 of 2016 In Civil Writ Jurisdiction Case No.9323 of 2009 ====================================================== Ram Kewal Mahto Son of Late Babulal Mahto resident of Village- Kharauni, P.S.- Bihea, District- Bhojpur at Ara.

... ... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna.

2. The District Collector Bhojpur at Ara.

3. The Deputy Collector Land Reforms, Jagdishpur (Bhojpur).

4. Anchal Adhikari Bihea, District- Bhojpur.

5. Deo Chandra Mishra

6. Prem Chandra Mishra Both are sons of Late Ramchandra Mishra, Resident of Village- Nargada, P.S.- Shahpur, District- Bhojpur.

7. Buchi Kuer, wife of Late Harish Chandra Mishra

8. Sushil Chandra Mishra son of Late Harish Chandra Mishra

9. Krishna Chandra Mishra son of Late Harish Chandra Mishra Respondent N. 7 to 9 are resident of Village- Nargada, P.S.- Shahpur, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Maya Shankar Mishra For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 13-11-2017 I. A. No. 3495 of 2016 is allowed.

Delay of 95 days in filing this Letters Patent Appeal is condoned. We are satisfied with the reason assigned. The matter is taken up on merits.

Perused the order, dated 18.08.2015. The Learned Single Judge refused to interfere with the order of the learned Collector for the reason that the learned Collector had passed the order in

Patna High Court LPA No.959 of 2016(5) dt.13-11-2017 2/2 consonance with the judgement and decree passed in Title Suit No. 80 of 1997 by a civil court of competent jurisdiction. So long as that judgement and decree stand, no other order could have been passed by the Collector.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U